Recently on Lawfare


The Lawfare Podcast: Brian Winter on the Imminent Election Crisis in Brazil

In just under a week, on October 2, Brazil will hold the first round of its general election, which will determine the country's next president. To talk through all things Brazilian politics, Lawfare managing editor Tyler McBrien sat down with Brian Winter, editor-in-chief of Americas Quarterly and a journalist with over a decade of experience living and reporting across Latin America. They discussed the leading candidates, Jair Bolsonaro and Luiz Inácio Lula da Silva, the potential election crisis, and what's at stake as Brazilians head to the polls on Sunday.


The Lawfare Podcast: Roger Parloff Keeps His Oath

Stewart Rhodes, the chieftain of the Oath Keepers, goes on trial this week for seditious conspiracy. The trial is expected to run about five weeks, with jury selection sort of already underway. The opening of the trial gives us a great opportunity to catch up with Lawfare senior editor Roger Parloff on the Oath Keepers, the chief defendant Stewart Rhodes, and the larger project of criminal accountability for the Jan. 6 riot and insurrection.


The Lawfare Podcast: The Fifth Circuit is Wrong on the Internet

Our Arbiters of Truth series on the online information ecosystem has been taking a bit of a hiatus—but we’re back! On today’s episode, we’re discussing the recent ruling by the U.S. Court of Appeals for the Fifth Circuit in NetChoice v. Paxton, upholding a Texas law that binds large social media platforms to certain transparency requirements and significantly limits their ability to moderate content. The decision is truly a wild ride—so unhinged that it’s difficult to figure out where First Amendment law in this area might go next.

Donald Trump

Cannon Strikes Two Provisions of Special Master Order in Response to Eleventh Circuit Ruling

The provisions of Cannons order that were stricken include Paragraph 6, which requires the Special Master to submit interim reports and recommendations to the court throughout their review, as well as Paragraph 5(b)(i)(bb), which requires that classified documents under review be made available to Trump’s counsel for inspection under supervision of the special master. 

Digital Social Contract

Content Moderation Tools to Stop Extremism

Technology companies are more active than ever in trying to stop terrorists, white supremacists, conspiracy theorists, and other hateful individuals, organizations, and movements from exploiting their platforms, but government and public pressure to do more is growing. This paper presents a range of content moderation options for technology companies, discussing how they work in practice, their advantages, and their limits and risks.

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