freedom of speech

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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. 
National Security Advisor John Bolton and Donald Trump

Questions for the Government in the Bolton Book TRO Hearing(s)

Goldsmith and Lederman deliver up a series of questions that will expose the strengths and weaknesses of the government's claims.

Assessing the Government’s Lawsuit Against John Bolton [UPDATED after Wednesday’s filing of a TRO motion]

An explainer about some common misconceptions, and how the litigation will likely play out.
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.
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