freedom of speech
131 Articles

If the Saudi-Led Coalition is Committing War Crimes, the US is Aiding and Abetting Them
A few days ago, Ryan Goodman announced on Twitter that we should expect “a challenge to (some) critics of Defense Department support to Saudi Arabia.” Jay Shooster published…

Disappointing DOD Inspector General Report on Pre-Publication Review
Editor’s note: This post also appears on Lawfare. Earlier this year, we wrote about the US Government’s broken pre-publication review process (see here, here, here, here, and…

Important First Step by HPSCI on Pre-Publication Review Reform
Editor’s note: This post also appears on Lawfare. We are happy to learn, via Secrecy News, that the House Permanent Select Committee on Intelligence (HPSCI) has weighed in constructively…

We Need to Know More About How the Government Censors Its Employees
In December, in a series of editorials published in The Washington Post and Just Security, Jack Goldsmith and Oona Hathaway made the case for reforming the government’s broken…

Fixing Pre-Publication Review: What Should Be Done?
Jack Goldsmith and Oona Hathaway called attention in several recent columns to the pre-publication review process (here, here, here, and here) that many current and former national…

The Scope of the Prepublication Review Problem, and What to Do About It
Editor’s note: This post also appears on Lawfare. The problems in the prepublication review process that we identified in our Washington Post op-ed and in a subsequent post…

Path Dependence and the Prepublication Review Process
Editor’s note: This post also appears on Lawfare. Over the weekend, we wrote an op-ed in the Washington Post about the lifetime prepublication review process required of nearly…

More Problems With Prepublication Review
Editor’s note: This post also appears on Lawfare. Over the weekend, we published an op-ed in the Washington Post about the government’s broken prepublication review process.…

The Over-Complicated Prepublication Review Process
I wanted to quickly flag for readers a great op-ed written by our own Oona Hathaway and Lawfare’s Jack Goldsmith in the Washington Post that dives into how out of control the…

Does “Espionage Porn” Make Us Stronger?
Although they have somewhat different focuses, one can find much in common in recent posts about the continuing byproducts of the Snowden disclosures (including last Friday’s…

Avoidance of the First Amendment Questions in the Mehanna Case
In contrast with several other wartime eras in our Nation’s history, it is striking that the government’s counterterrorism efforts during the past twelve years have…