Civil Liberties and Constitutional Rights
What If J. Edgar Hoover Had Been a Moron?
Benjamin Wittes Tue, Aug 4, 2020, 9:15 AM
My adventures as an intelligence subject of the Department of Homeland Security.
Latest in Civil Liberties and Constitutional Rights
Congress
Using Qui Tam Statutes to Check Unconstitutional Exercises of Executive Power
Masha Simonova Fri, Jun 12, 2020, 5:35 PM
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.
Policing in America
What Is Qualified Immunity, and What Does It Have to Do With Police Reform?
Nathaniel Sobel Sat, Jun 6, 2020, 12:16 PM
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.
Germany
The German Constitutional Court Nixes Foreign Surveillance
Russell A. Miller Wed, May 27, 2020, 4:49 PM
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?
Coronavirus
Public Health in the Balance: Judicial Review of Pandemic-Related Government Restrictions
Eric A. Posner Mon, Apr 20, 2020, 1:38 PM
What should courts do when people challenge pandemic containment measures imposed by state governments and the federal government?
Civil Liberties and Constitutional Rights
The National Commission on Public Service Is Right to Endorse Women’s Draft Registration
Max Z. Margulies Fri, Mar 27, 2020, 9:37 AM
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.
FISA: 702 Collection
The Second Circuit Rules in United States v. Hasbajrami
Jacques Singer-Emery Tue, Jan 7, 2020, 8:00 AM
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.
Social Media
No, Facebook and Google Are Not State Actors
Alan Z. Rozenshtein Tue, Nov 12, 2019, 8:30 AM
Jed Rubenfeld is incorrect; the Good Samaritan provision of Section 230 does not turn internet platforms into First Amendment state actors.
Social Media
If Facebook and Google Are State Actors, What’s Next for Content Moderation?
Jed Rubenfeld Tue, Nov 12, 2019, 8:00 AM
The pivotal question, doctrinally, turns out to be what kind of First Amendment forums Google and Facebook operate.
Civil Liberties and Constitutional Rights
Summary: Government’s Management of the Terrorist Screening Database Violates Citizens’ Constitutional Rights, Court Rules
Jacques Singer-Emery Sat, Sep 7, 2019, 11:15 AM
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.