freedom of speech

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Trump’s tweet from May 29th. Twitter marked the tweet with a banner reading, “This Tweet violated the Twitter Rules about glorifying violence. However, Twitter has determined that it may be in the public’s interest for the Tweet to remain accessible. Learn more” The tweet itself is not shown in this image.

Ignore Trump’s Twitter Tantrum Executive Order and Address Disinformation Instead

The solution is not to give government or platforms more power to make opaque, arbitrary decisions on content, but to help users protect themselves.
Trump speaks in the Oval Office before signing an executive order related to regulating social media on May 28, 2020 in Washington, DC.

Trump’s Executive Order Targets Twitter, Capitalizing on Right-Wing Grievance

Even if it doesn't lead to action, the threat of regulatory pressure aims to bully social media companies into continuing their hands-off approach to Trump.
Employees work in Facebook's "War Room," during a media demonstration on October 17, 2018, in Menlo Park, California.

Facebook’s Oversight Board: A Meaningful Turn Toward International Human Rights Standards?

That depends on how it will weigh Facebook’s community standards and values against global norms in its content-moderation decisions.
3D rendering of people icons and threads connecting them.

The Republic of Facebook

This board, for content moderation, may be part of the answer to problems of online speech and censorship. But U.N. Special Rapporteur David Kaye explains that it is only one part.
Protesters demonstrate against Facebook policies in Algeria in front of Facebook's headquarters in Paris on November 14, 2019.

The Facebook Oversight Board: An Experiment in Self-Regulation

It's not a "Supreme Court," as Mark Zuckerberg suggested, but it might be the most interesting development in social media self-regulation in a decade.
A redacted document with blurry text where there aren’t redactions.

A District Court Endorses a Broken Prepublication Review System

Last week, a district court in Maryland dismissed a constitutional challenge to the system of prior restraints that prohibits millions of former intelligence agency employees from…
A laptop screen shows the Facebook page for Facebook.

An Ambitious Reading of Facebook’s Content Regulation White Paper

How might we move toward accountability in the face of irreconcilable clashes between Rights-era and Public Health-era values, particularly given the serious practical and civil…
Trump and Bolton

John Bolton’s Silence — Here’s how he could lawfully break it

"If he wanted to, Bolton could this afternoon ..."
Bolton and Trump

Explainer: Prepublication Review and How it Applies to Bolton

An explainer of the key features of the prepublication review process and the significant discretion it gives the government to suppress protected speech—potentially including…
Former Federal Bureau of Investigation Director James Comey speaks to members of the media at the Rayburn House Office Building after testifying to the House Judiciary and Oversight and Government Reform committees on Capitol Hill December 07, 2018 in Washington, DC.

Nuts and Bolts of the IG Report on Comey: Correcting Misconceptions

On the morning of Aug. 29, I finished up my lecture notes for my first day teaching a class called “Law of Secrecy.” I would touch on classification, leaking, prepublication…
A chart with columns for the Department of Justice and the Central Intelligence Agency reads, “How long will it take?” DOJ: “Unclear, but a substantive response is required within 30 working days.” CIA: “As a general rule, 30 days. But lengthier, more complex submissions ‘may require a longer period of time for review.’” Question 2: “Is there a process for appealing censorship decisions?” DOJ: “Yes. Appeals are to the Deputy Attorney General, who will process appeals within 15 days.” CIA: “Yes. Appeals are to the Assistant Deputy Director.” Question 3: “Where do these rules come from?” DOJ: “28 C.F.R. 17.18” CIA: “CIA AR 13-10, Agency Prepublication Review of Certain Material Prepared for Public Dissemination (May 10, 2013); CIA Secrecy Agreement (Form 368).”

New Resource Tool Sheds Light on Government’s Prepublication Review System

For more than three years, the American Civil Liberties Union and the Knight First Amendment Institute at Columbia University have been litigating a series of Freedom of Information…
Stack Of Law Books In Front Of Scales Of Justice

The Government’s Own Documents Show that Prepublication Review is Broken

In First Amendment lawsuit, groups obtain thousands of documents (through Freedom of Information Act litigation) that raise concerns about how the government censors the writings…
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