Litigation
855 Articles
Missouri v. Biden Raises More First Amendment Questions Than It Answers
The interactions at the heart of Missouri v. Biden implicate many speech interests: those of the platforms, independent entities researching misinformation, the government, and…
The Just Security Podcast: Insiders’ Views of Espionage Act Trials
Joining the show to share their insights, experience, and views on Trump’s Espionage Act charges are David Aaron, Andrew Weissmann, and Jim Wyda. David and Jim have previously…
The Quick Guide to CIPA (Classified Information Procedures Act)
The fundamentals of the Classified Information Procedures Act – and how it will play a critical role in former President Donald Trump's prosecution.
The Just Security Podcast: Free Speech and Content Moderation in Missouri v. Biden
To unpack the initial decision in Missouri v. Biden, and what it means for the First Amendment, we have Knight Institute Fellow Mayze Teitler.
Prosecuting a President – Under What Conditions Is It Warranted?
"Democracies that resort readily to the criminal law against political rivals risk finding themselves at some stage categorized as ex-democracies."
Restricting the Government from Speaking to Tech Companies Will Spread Disinformation and Harm Democracy
Invoking the First Amendment, a single district court judge effectively issued a prior restraint on large swaths of speech, cutting short an essential dialogue between the government…
The Trump Indictment: What Top Intelligence Experts Are Saying
On June 13, former President Donald Trump pleaded not guilty in response to an historic federal indictment concerning the mishandling of highly classified U.S. intelligence information.…
How Much Prison Time Does Former President Trump Face? Applying the U.S. Sentencing Guidelines
Calculating a potential prison sentence, with some caveats, in the case of former President Donald Trump's indictment.
The Just Security Podcast: An Insider View of Trump’s Second Indictment
Espionage Act cases often require a balancing of the need to protect sensitive intelligence information and a defendant’s due process rights.
National Security Implications of Trump’s Indictment: A Damage Assessment
The former president's retention of highly classified intelligence has potentially grave implications for U.S. national security.
Pending Supreme Court Case Complicates Special Counsel Smith’s Choices
Much has been written in the last 24 hours about where charges against former President Donald Trump would be brought with respect to his handling of government documents and obstructing…
Expert Backgrounder: Secret Evidence in Public Trials
How, in prosecutions for mishandling classified documents, the Classified Information Procedures Act (CIPA) is designed to protect both U.S. national security secrets and defendants'…