freedom of speech
141 Articles

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…

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…

John Bolton’s Silence — Here’s how he could lawfully break it
"If he wanted to, Bolton could this afternoon ..."

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…

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…

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…

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…

A Call to Former Intelligence Community Employees Who Are Subject to a Prepublication Review Requirement
Millions of former public servants who once had access to classified information—and many who didn’t—are subject to a requirement of prepublication review. They are generally…

Comey’s Book and Prepublication Review
Tomorrow, Flatiron Books will publish former FBI Director Jim Comey’s book, a much-anticipated memoir in which Comey will reportedly share striking new details from his two decades…
Can States Legally Provide Targeting Assistance to War Criminals?
Last week, when I challenged an argument for US liability for war crimes in Yemen, I didn’t anticipate ending up on the other side of a (somewhat heated) Twitter debate with…
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…