Alan Z. Rozenshtein is an Associate Professor of Law at the University of Minnesota Law School, a senior editor at Lawfare, and a term member of the Council on Foreign Relations. Previously, he served as an Attorney Advisor with the Office of Law and Policy in the National Security Division of the U.S. Department of Justice and a Special Assistant United States Attorney in the U.S. Attorney's Office for the District of Maryland.
Subscribe to this Lawfare contributor via RSS.
The indictment sets out the most serious criminal charge yet used against any of the Capitol rioters, but it also shows the limits of the criminal law in responding to Jan. 6.
Despite hours of oral argument, the district court did not signal whether attempts to hold former President Trump and others civilly liable for encouraging the Jan. 6 attack on the Capitol will succeed.
Given Facebook's problematic history with moderating its platform, the metaverse could recreate and exacerbate existing problems in a new environment.
Democracy is dependent on the good faith of people in power. The Senate Judiciary Committee’s new staff report shows how fragile fidelity stands as a bulwark against anti-democratic efforts.
Courts should prioritize the First Amendment rights of users, not technology giants.
Cuomo’s resignation says something important about the Democratic Party’s commitment to anti-authoritarianism.
Although many questions remain unanswered, there is troubling evidence that either the Justice Department was not consulted on a major legal issue or the Biden administration has misrepresented its legal position to the public.