First Amendment
State Anti-Protest Laws and Their Constitutional Implications
States have recently passed laws targeting a range of protest actions. How exactly do these statutes work and what constitutional questions do they raise?
Eric Halliday is a recent graduate of Harvard Law School.
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States have recently passed laws targeting a range of protest actions. How exactly do these statutes work and what constitutional questions do they raise?
On March 30, the U.S. Court of Appeals for the Fourth Circuit in El-Hady v. Kable upheld the constitutionality of the Terrorism Screening Database (TSDB), a watchlist maintained by the FBI that currently contains the names of more than 1 million “known or suspected terrorists.” With this ruling the Fourth Circuit joins the Sixth and Tenth Circuits, both of which have upheld the constitutionality of such terrorism watchlists in recent years.
What is the legal foundation of the No-Fly List and how does it fit into the government's arsenal?
The popularity of ghost guns has risen sharply in the past few years, especially during the coronavirus pandemic. What exactly are ghost guns, why does the Biden administration want to regulate them and what are the potential options for reform?
This overview of the federal government’s powers to pursue domestic terrorists provides context for recent, renewed policy debates about how best to address this issue.
Last month, President Trump nominated Judge Amy Coney Barrett to the Supreme Court. We reviewed several of Barrett’s writings to glean what they might reveal about her views on issues important to Lawfare readers.
States are the first line of defense in election-related disputes. But will they be able to prevent a constitutional crisis?