Whistleblowing
123 Articles

Why the First Amendment Does Not Protect Trump Campaign Collusion with Wikileaks and Russia
Despite the president’s signature hostility toward the press, the Trump campaign is strenuously trying to wrap itself and Wikileaks in the protective garb of the First Amendment…

The Privacy and Civil Liberties Oversight Board’s Disappointing Report on PPD-28 Implementation
Edward Snowden’s revelations that the NSA engaged in massive spying operations overseas prompted outrage and political blowback from our closest allies. In an attempt to manage…

Conscientious Objectors and Whistleblowers: Sentencing Should Recognize First Amendment Interests
Whistleblower Terry James Albury, a former FBI agent in Minneapolis, will be sentenced for violations of the Espionage Act on Thursday, October 17, at 11:00 am Central Time. The…

On Big Brother Watch v. U.K.: The Future of Surveillance at Two Europe-Wide Courts
A recent opinion by the European Court of Human Rights was more limited than recent decisions concerning surveillance. The European Court of Justice should seize the opportunity…

What Facts Would Deny the Trump Campaign First Amendment Protections in Colluding with Russia
The leading First Amendment and media law expert Floyd Abrams discusses Russia collusion case. 

New U.K. Law Fails European Court Standards on Mass Interception Disclosed by Snowden
The U.K. government trots out its new surveillance legislation as curing the ills identified by the European Court of Human Rights. That's not the case. The Court’s judgment…

In Defense of NYT’s Anonymous: Government “Stewardship” as a Guard Against Threats to Democratic Order
“If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.” – The Federalist…

How the First Amendment Shield for Christopher Steele Can Protect Russians Too
The First Amendment ended a lawsuit against Christopher Steele over his Dossier--and could protect some Russian election meddlers too.

Six Big Takeaways from Mueller’s Indictment of Russian Intel Officers
One of the biggest takeaways from Mueller's indictment? WikiLeaks appears to have been deeply involved in a Russian intelligence operation.

Testimony from the Senate Judiciary Committee’s Hearing on Election Interference
Ryan Goodman, Just Security‘s co-editor-in-chief, is testifying on Tuesday before the Senate Judiciary Committee as part of its hearing on, “Election Interference:…

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.…

Mueller’s Choice of Criminal Charges: Why the Trump Team Should Be Very Worried
The Russians not only told the Trump campaign that they had dirt on Hillary Clinton in the form of thousands of emails, but also previewed for George Papadopoulos that they could…