freedom of speech

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Trump against a dark background. People appear behind him.

The Facebook Oversight Board’s Trump Ban Decision Is About More Than Trump

The Oversight Board must grapple with algorithmic decision-making and whether politicians' speech ought to be governed by special rules, with implications for political speech…
A man browses Facebook on his smart phone after the mobile internet went back online in Kampala, Uganda, on January 18, 2021. He stands next to a stack of tires.

Oversight Board’s First Rulings Show Facebook’s Rules Are a Mess

The company’s inability to enact a clear, consistent, transparent content-moderation policy may lead the board to overturn the decision to bar Trump.
Myanmar migrants share their activities on social media before going to a local protest against the military coup in their home country, at a house in the outskirts of Bangkok on February 7, 2021. One person holds a phone recording the others. They wear face masks.

Myanmar is Experiencing a Digital-Age Coup – Tech Companies Must Push Back

Since taking power, Myanmar's military has limited access to social media, and at times cut internet service overall. What can tech companies do to resist?
Myanmar people gather for refreshment at a teashop in Yangon on August 31, 2018 many hangout to chat and browse Facebook with their mobile phones.

De-platforming Following Capitol Insurrection Highlights Global Inequities Behind Content Moderation

De-platforming is a window on the unequally distributed power and embedded assumptions that determine what content gets to stay online.
Insurgents on January 6, 2021 push against police forces. One insurgent seems to have a riot shield, while the police officer does not.

Incitement to Violence Ain’t Free Speech

The First Amendment protects abstract appeals for illegal actions. But there can and should be criminal liability for speech that incites the likely and imminent risk of violence.…
The dome of the US Capitol Building against a blue sky.

Impeachment Defense, the Constitution, and Bill of Rights

The question at the moment isn’t whether the president could be charged with incitement to violence in criminal court.
Redacted text on a sheet of paper.

How a New Administration—and a New Congress—Can Fix Prepublication Review: A Roadmap for Reform

The new administration, and the new Congress, should act more decisively to reform this broken system.
Parchment paper reading, “The Good Governance Papers: A Collection of Essays in favor of public integrity and the rule of law as written upon at Just Security Fall 2020”

Good Governance Paper No. 5: Prepublication Review — How to Fix a Broken System

Fifth in series of top experts exploring proposals to restore and promote nonpartisan principles of good government, public integrity, and rule of law.
Trump and Pompeo

Trump’s Executive Order on the ICC is Illegal, Not Just Shameful

Significant First Amendment concerns are raised by the administration's sanctions against the International Criminal Court and against those who support the ICC's work.
Indian protesters hold placards as they gather during a 'Not in my name' silent protest at Jantar Mantar in New Delhi on June 28, 2017, following a spate anti-Muslim killings.

Facebook Oversight Board Should Hear the India Hate Speech Case

The panel might be ready to start work in October, and it is not too late for it to weigh in on this. The global information environment demands it.
A collage of Michael Cohen and Donald Trump

Top Experts: DOJ’s Bureau of Prison Blocking Michael Cohen Book about Trump Violates First Amendment

On Thursday morning, Michael Cohen, the president’s former lawyer and fixer, was returned to prison. Many readers like myself may have passed over the headlines for this particular…
Former National Security adviser John Bolton speaks on stage during a public discussion at Duke University in Durham, North Carolina on February 17, 2020.

Notes on John Bolton’s Brief Opposing the Government’s Motion to Enjoin Publication of His Book

Late last night, John Bolton filed his brief in opposition to the government’s motion for a temporary restraining order or preliminary injunction. 
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