freedom of speech
148 Articles
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…
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…