My adventures as an intelligence subject of the Department of Homeland Security.
Latest in Civil Liberties and Constitutional Rights
The Supreme Court has severely curtailed—and in many cases effectively eliminated—the ability to sue federal officials to vindicate constitutional rights. Congress can force courts to entertain these suits by enacting statutory qui tam remedies.
The protests ignited by the police killing of George Floyd have put a spotlight on the legal doctrine of qualified immunity—one of many structural factors that makes it difficult to hold police officers accountable for wrongdoing.
The German Constitutional Court ruled that German espionage activity must conform to the country’s constitution, even if conducted overseas on non-German citizens. What’s in the ruling?
What should courts do when people challenge pandemic containment measures imposed by state governments and the federal government?
A national commission just recommended mandatory draft registration for women. While proponents agree that this is good for the military, few have examined how it might also be good for women.
The U.S. Court of Appeals for the Second Circuit found that incidental collection of U.S. persons’ communications under Section 702 does not violate the Fourth Amendment, but raised constitutional questions related to querying databases containing these communications.
Jed Rubenfeld is incorrect; the Good Samaritan provision of Section 230 does not turn internet platforms into First Amendment state actors.
The pivotal question, doctrinally, turns out to be what kind of First Amendment forums Google and Facebook operate.
Summary: Government’s Management of the Terrorist Screening Database Violates Citizens’ Constitutional Rights, Court Rules
On Sept. 4, the U.S. District Court for the Eastern District of Virginia issued a decision in Elhady v. Kable—a case that challenges how the federal government manages the Terrorist Screening Database (TSDB), colloquially known as the “watchlist.” Judge Anthony Trenga’s opinion granted the plaintiffs’ motion for summary judgment and found that U.S.