journalism
103 Articles
Reply to Bauer and Goodman: No, the Government Doesn’t Decide What ‘Legitimate Press Functions’ Are First Amendment Worthy
Former Obama administration lawyers Bob Bauer and Ryan Goodman make a dangerous argument: that coordination with a political campaign is outside the “legitimate press function” and…
We Have Nothing to Fear But FEAR Itself
What Woodward's book says, in particular, about Russia investigation is riddled with problems.
The DNC Lawsuit and First Amendment Sensitivities
The First Amendment generally bars civil or criminal liability for publication of truthful material about a matter of public concern. That is true even in the case of stolen information.…
Evidence Unsealed in Colvin v. Syria
Media are reporting another chemical weapon attack in Syria (a summary of prior attacks is here). Notwithstanding these breaches of an indisputable international law rule, there…
The United States Can – And Should – Prosecute the Killers of US Journalists and Aid Workers in Syria
Two formerly British ISIS combatants who are suspected of murdering three US citizens are now in US allies’ custody. The "ISIS Beatles" can and should be tried in US federal…
The 21st Century Public Square: Protecting Online Comments from Manipulation and Disruption
Americans are angry, with our governance and with each other. The political divide seems a great chasm. Citizens with divergent political views gravitate to different media sources,…
White House Credibility in Crisis
“This was the largest audience to ever witness an inauguration — period — both in person and around the globe.” — White House Press Secretary Sean Spicer On Saturday,…
Recent Rule 41 Changes: A Catch-22 for Journalists
In early December, the final effort in the Senate to delay amendments to Rule 41 of the Federal Rule of Criminal Procedure was blocked, putting the updates into effect and making…
Readers’ Guide on Recent Developments in International Criminal Law
It has been a busy few weeks in international criminal law, with a range of important judgments out of the International Criminal Court, the International Tribunal for the former…
Convicting Individuals Isn’t Enough Accountability for Mass Violations of International Law
On Saturday, news outlets reported an arrest by UN police on one of the International Criminal Tribunal for the former Yugoslavia’s last outstanding warrants. French journalist…
Contempt Charges and the International Criminal Tribunals
The last days have been busy in the international criminal law world with convictions in the Karadžić case at the ICTY and the Bemba case at the ICC, and the confirmation for…
Charlie Savage on Obama, GTMO and “Our Values”
Over on his blog, Charlie Savage has generously published a very thoughtful response to my post about his New York Times article, with Scott Shane, on the falsity of political…