Prepublication Review Process
25 Articles

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…

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…

More Problems With Prepublication Review
Editor’s note: This post also appears on Lawfare. Over the weekend, we published an op-ed in the Washington Post about the government’s broken prepublication review process.…