Secrecy & Leaks
The Law of Classified Information: A Primer
Matthew Kahn Thu, Jun 25, 2020, 3:13 PM
How the U.S. government regulates its secrets.
Latest in Prepublication Review
First Amendment
Questions for the Government in the Bolton Book TRO Hearing(s)
Jack Goldsmith, Marty Lederman Thu, Jun 18, 2020, 8:12 PM
Judge Lamberth will convene a hearing on June 19 at 1:00 p.m. to consider the government's petition for a temporary restraining order and motion for preliminary injunction. What are the relevant legal issues at play, and what questions should Lamberth ask the government?
Prepublication Review
Suggestions for Streamlining the FBI’s Prepublication Review Process
Darren E. Tromblay Wed, Apr 17, 2019, 9:00 AM
Scholars of the U.S. intelligence community have engaged in a robust discussion of the community’s prepublication review, or prepub, process. Many of these discussions have been critical in tone, and certainly, the processes that former national security practitioners describe do sound unduly arduous.
First Amendment
Document: Lawsuit Challenging Constitutionality of Intelligence and Military Pre-Publication Review
Lev Sugarman Tue, Apr 2, 2019, 2:07 PM
On Tuesday, former intelligence and military officials filed a lawsuit challenging the constitutionality of the government's pre-publication review process, which requires former personnel to submit public writing for review before publication. The complaint for declaratory and injunctive relief, filed in the U.S. District Court for the District of Maryland, is available in full here and below.
Secrecy & Leaks
A Personal Tale of Prepublication Review
Thomas Reed Willemain Tue, Jan 10, 2017, 2:00 PM
Intelligence community (IC) personnel agree to a great many restrictions that would be shocking in any other profession. They must obtain permission to travel internationally, submit detailed annual financial disclosures, and report any contact with foreign nationals or the press, among other things.
Secrecy & Leaks
Important First Step by HPSCI on Pre-Publication Review Reform
Jack Goldsmith, Oona Hathaway Thu, May 26, 2016, 9:00 AM
Editor's Note: This post also appears on Just Security.
The Scope of the Prepublication Review Problem, And What To Do About It
Jack Goldsmith, Oona Hathaway Wed, Dec 30, 2015, 10:00 AM
Editor's Note: This post also appears on Just Security.
Secrecy & Leaks
Path Dependence and the Pre-Publication Review Process
Jack Goldsmith, Oona Hathaway Mon, Dec 28, 2015, 4:00 PM
Editor's Note: This post also appears on Just Security.
Secrecy & Leaks
More Problems with Prepublication Review
Jack Goldsmith, Oona Hathaway Mon, Dec 28, 2015, 12:00 PM
Editor's Note: This post also appears on Just Security.
Secrecy & Leaks
The Broken Prepublication Review Process
Jack Goldsmith Sun, Dec 27, 2015, 8:09 AM
Oona Hathaway and I have an op-ed in the Washington Post today about the USG pre-publication review process’s “pervasive and unjustifiable harms to freedom of speech.” The gist: