Analysis
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Analysis
How America Can Deliver Justice for Jamal Khashoggi
The recently released intelligence report concludes that Saudi Arabia’s crown prince was likely responsible for the journalist’s murder. That can’t be the end of the story.
By Jameel Jaffer & Joel Simon -
Analysis
The Biden Administration Should Drop the Assange Case
The case against Assange poses a major threat to press freedom
By Jameel Jaffer -
Analysis
Julian Assange is still in prison. And America's democratic principles are still at stake.
By Jameel JafferThe past four years have underscored the extent to which our democracy depends on the ability of journalists to report government secrets.
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Analysis
A First Amendment Agenda for the New Administration
How the Biden administration can reaffirm the freedoms of speech, association, and petition in its first 100 days
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Analysis
Clearview AI’s First Amendment Theory Threatens Privacy—and Free Speech, Too
Drawing the line around what is protected by the First Amendment is more challenging than you might think
By Jameel Jaffer & Ramya Krishnan -
Analysis
Trump’s Executive Order on the ICC is Illegal, Not Just Shameful
Sanctions raise First Amendment concerns
By Jameel Jaffer & Carrie DeCell -
Analysis
It's Assange in the Dock, But It's National Security Journalism on Trial
Jameel Jaffer highlights press freedom concerns in his testimony in Assange extradition proceeding
By Jameel Jaffer -
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Analysis
Immigration judges will fight Justice Department’s attempt to silence us
The U.S. Department of Justice has targeted the nation’s immigration judges in a coordinated campaign to prevent them from contributing to the ongoing and important public dialogue on immigration. Recently, in response, the union representing immigration judges nationwide filed a...
By Ashley Tabaddor & Samuel B. Cole -
Analysis
Protest Resources for Journalists and Protesters
Protecting your data, technology, and First Amendment rights at a protest
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Analysis
Concentrating on Social Meaning: Talking to Ramya Krishnan
Discussing the intersection of data privacy and the First Amendment
By Andy Fitch & Ramya Krishnan -
Analysis
Redactions in CDC Communications Policies Leave Key Questions Unanswered
By Anna DiakunNewly released CDC documents, confirm Office of Vice President’s involvement in CDC Covid-19 communications but leave important details concealed
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Analysis
Briefs Filed by Twitter, Reddit, EFF, and Muslim Advocates Highlight Far-Reaching Implications of Social Media Surveillance
Underscore the civil liberties implications of the intrusive surveillance program
By Leena Charlton & Jacob Apkon -
Analysis
A Cyberbully in the Oval Office
Executive order aimed at regulating social media is a profoundly dangerous attempt to punish Twitter for its speech
By Katie Fallow -
Analysis
Recently Released OLC Opinions From 1974 Shed Light on Current Legal Debates
Disclosure, not secrecy, should be the norm for OLC opinions
By Stephanie Krent -
Analysis
A District Court Endorses a Broken Prepublication Review System
The ruling is troubling and a step in the wrong direction
By Alex Abdo , Jameel Jaffer , Meenakshi Krishnan & Ramya Krishnan -
Analysis
Can Governments Track the Pandemic and Still Protect Privacy?
A new European contact-tracing tool looks promising
By Carrie DeCell -
Analysis
Public Officials Can’t Block Critics from Official Social Media Accounts
Appeals court protects public’s right to read and respond to official social media accounts, at a time when we rely on them most
By Carrie DeCell & Meenakshi Krishnan -
Analysis
The Espionage Act Reform Bill Addresses Key Press Concerns
Provides crucial safeguards for reporters
By Carrie DeCell & Meenakshi Krishnan -
Analysis
Revised Justice Department Policy Still Silences Immigration Judges
Policy prevents judges from speaking out without prior approval
By Stephanie Krent -
Analysis
How Should Politicians Use Social Media?
Tips for protecting an individual’s right to participate in digital town halls
By Katie Fallow -
Analysis
The Trump Administration Is Gagging America’s Immigration Judges
Excerpt from an essay by the Institute's writer-in-residence published in The Atlantic
By Cristian Farias -
Analysis
New Documents Point to Special Treatment for Favored Officials
Includes correspondence in which former senior officials pressure agencies reviewing their manuscripts
By Meenakshi Krishnan -
Analysis
Free Speech in Black Boxes
Understanding the rules that govern public discourse online
By Alex Abdo -
Analysis
John Bolton's Silence — Here’s How He Could Lawfully Break It
How Bolton could publicly share his story
By Jameel Jaffer & Ramya Krishnan -
Analysis
We May Never See John Bolton's Book
A New York Times op-ed by Jameel Jaffer and Ramya Krishnan on the dangers of prepublication review
By Jameel Jaffer & Ramya Krishnan -
Analysis
Explainer: Prepublication Review and How it Applies to Bolton
Government censorship system could block Bolton's memoir
By Alex Abdo & Meenakshi Krishnan -
Analysis
Selective Disclosure of OLC Legal Opinions Isn’t Enough
Consequential documents remain in the dark
By Alex Abdo -
Analysis
Visiting the U.S.? The Government is Reading Your Old Facebook Posts
A new lawsuit could help stop the surveillance of 14 million people a year who visit the US. The courts must put an end to overreach.
By Carrie DeCell & Cristian Farias -
Analysis
Social Media Vetting of Visa Applicants Violates the First Amendment
Since May, the State Department has required almost everyone applying for a U.S. visa—more than 14 million people each year—to register every social media handle they’ve used over the past five years on any of 20 platforms, including Facebook, Instagram,...
By Carrie DeCell & Harsha Panduranga -
Analysis
A New U.S. Visa Requirement is Silencing Foreign Filmmakers
Policy infringes on filmmakers' freedom of expression and interferes with Americans' ability to engage with diverse international thinkers
By Simon Kilmurry -
Analysis
Facebook and Free Speech Are Different Things
Some Thoughts about Mark Zuckerberg’s Remarks at Georgetown University
By Jameel Jaffer -
Analysis
The Justice Department Can’t Keep Its Own Law Secret Forever
When the Supreme Court and lower courts interpret the Constitution and laws, their decrees are public, accessible and subject to debate. In some instances, if an interpretation of the law doesn’t sit well with the public, Congress can respond by...
By Cristian Farias -
Analysis
New Resource Tool Sheds Light on Government's Prepublication Review System
For more than three years, the American Civil Liberties Union and the Knight First Amendment Institute at Columbia University have been litigating a series of Freedom of Information Act requests relating to “prepublication review.” Under this far-reaching censorship system, millions...
By Ramya Krishnan -
Analysis
Shedding Light on Secret Laws Governing Presidential Power
Historian explains why OLC opinions are legal building blocks for the past, present, and future
By Mary Dudziak -
Analysis
Warrantless Device Searches at the Border Will Threaten Privacy in the U.S. Heartland
Unless agents are required to get a warrant, the ‘border exception’ will be a window into the private lives of Americans and a means of stifling dissent
By Daniela Nogueira -
Analysis
The Espionage Act and a Growing Threat to Press Freedom
The government’s now-routine use of the Espionage Act against journalists’ sources raises First Amendment concerns.
By Jameel Jaffer -
Analysis
Report Reveals New Details About DOJ's Seizing of AP Phone Records
With its latest leak indictment last week, the Department of Justice under Donald Trump is now on pace to break the previous record for prosecutions of journalists’ sources, just two and a half years into its administration. A new report...
By Ramya Krishnan & Trevor Timm -
Analysis
Intelligence, Ethics and Bureaucracy: The Duty to Warn Jamal Khashoggi
Documents released through FOIA litigation raise new questions about how intelligence agencies handled intercepted threats
By Larry Siems -
Analysis
Silence Surrounds Extreme Vetting of Ideas at the Border
Knight Institute lawsuit seeking records on the government's extreme vetting program produces only heavily redacted records and little information on the program
By Carrie DeCell -
Analysis
Assange Indictment Is Shot Across the Bow of Press Freedom
The indictment characterizes as “part of” a criminal conspiracy journalistic activities that are not just lawful but essential to press freedom
By Jameel Jaffer & Ben Wizner -
Analysis
The Government’s Own Documents Show that Prepublication Review Is Broken
Thousands of documents obtained through FOIA show that prepublication review is a tangled mess
By Ramya Krishnan -
Analysis
The Government Had to Approve This Op-Ed
Prepublication review of the writings of current and former federal employees violates their First Amendment rights.
By Mark Fallon -
Analysis
The Government’s System of Censoring Its Former Employees Is Unconstitutional
Lawsuit argues government’s process for reviewing writings by millions of former government employees violates First Amendment
By Ramya Krishnan & Vera Eidelman -
Analysis
I Was Blocked by @realDonaldTrump
The seven plaintiffs in Knight Institute v. Trump share how they feel about being blocked on Twitter by the President of the United States
By Rebecca Pilar Buckwalter-Poza , Philip Cohen , Eugene Gu , Holly Figueroa , Nicholas Pappas & Brandon Neely -
Analysis
NSA and CIA Refuse to Confirm or Deny Whether They Followed Duty-to-Warn Procedures before Murder of Khashoggi
Agencies release redacted documents relating to "duty to warn" procedures, but refuse to say whether they considered warning Khashoggi
By Ramya Krishnan -
Analysis
Groups Urge Court to Uphold Core Press Protection in DNC Lawsuit Against Russia, Wikileaks
Amicus brief from Knight Institute, Reporters Committee, and ACLU stresses safeguards for publishing information of public concern
By Carrie DeCell , Brett Max Kaufman & Gabe Rottman -
Analysis
Intel Chief Won’t Confirm or Deny Whether U.S. Agencies Considered Warning Khashoggi
ODNI "Glomars" request for documents on journalist's murder, neither confirming nor denying that documents exist
By Ramya Krishnan -
Analysis
As Public Forums Move Online, So Does the First Amendment
The Supreme Court's decision in Manhattan Community Access Corp. v. Halleck could affect protections against censorship on online public forums
By Katie Fallow -
Analysis
Fourth Circuit Holds that Blocking on Public Official’s Social Media Page Violates First Amendment
Knight Senior Staff Attorney Katie Fallow and intern Ella Epstein comment on Davison v. Randall in MediaLawLetter
By Katie Fallow & Ella Epstein -
Analysis
Why U.S. intelligence should release any Khashoggi files
It's imperative to know what U.S. intelligence agences knew about threats to journalist's life, and whether they took any steps to warn him
By Jameel Jaffer & Joel Simon -
Analysis
CNN Suit Is an Important and Necessary Defense of Press Freedom
Revoking CNN's White House credentials undercuts role of the press as representatives of the people
By Jameel Jaffer & Katie Fallow -
Analysis
Immigrants' First Amendment Rights at Stake as the Second Circuit Hears Ragbir Case
Appeals court considers if federal immigration officers can retaliate against immigrant activists who exercise their First Amendment rights
By Ramya Krishnan -
Analysis
Digital Journalism and the New Public Square
In 2018 Or’ Emet Lecture, Jameel Jaffer assesses whether the law should afford special protection to journalism and research investigating social media platforms
By Jameel Jaffer -
Analysis
Targeting Journalists Under FISA: New Documents Reveal DOJ’s Secret Rules
Records suggest U.S. government is using FISA court orders to monitor journalists
By Ramya Krishnan -
Analysis
Facebook is shaping public discourse. We need to understand how
Social media platforms should lift restrictions impeding digital journalism and research
By Alex Abdo -
Analysis
More Questions Than Answers from DOJ Letter About Journalist Surveillance
New DOJ disclosure on surveillance of the press provides little assurance on journalists' ability to protect confidential sources
By Ramya Krishnan -
Analysis
Yes, President Trump, Courts Can Order You to Follow the Law
In recent lawsuits, including Knight Institute v. Trump, the administration has advanced the troubling claim that courts cannot order the president to follow the Constitution
By Owen Keiter -
Analysis
Trump's "Extreme Vetting" is Muzzling Activists and Shutting Them Out
By turning away foreign activists, American authorities are masquerading censorship as immigration enforcement
By Carrie DeCell -
Analysis
Comey's Book and Prepublication Review
James Comey's blockbuster memoir sailed through the byzantine world of prepublication review. But for other public servants, publishing their stories can be frustrating and discouraging
By Ramya Krishnan -
Analysis
Free the FISC Opinions
A ruling by the Foreign Intelligence Surveillance Court of Review allows Knight Institute to press for access to secret court opinions on mass surveillance programs
By Greg Margolis -
Analysis
Twitter is the Modern Public Square. So Can the President Block You?
At the heart of Knight Institute's Trump Twitter lawsuit is the principle that every citizen has a right to speak and be heard
By Katie Fallow -
Analysis
Is Trump’s Twitter Behavior Constitutional? A Court Will Decide.
Twitter is a novel means for presidential communication, but the problem of government officials limiting and manipulating political speech is all too familiar
By Jameel Jaffer -
Analysis
“Dehumanized” at the Border, Travelers Push Back
Newly produced travelers' complaints underscore the intrusiveness of electronic device searches
By Carrie DeCell -
Analysis
CBP’s New Policy for Searching Devices Offers Thin Protection
New directive on border searches of phones fails to resolve constitutional problems and raises new concerns
By Carrie DeCell -
Analysis
Warrantless Border Searches: The Officer "Searched Through ... Intimate Photos of My Wife"
Traveler complaints reveal a range of discriminatory, demeaning, and gratuitously intrusive searches
By Carrie DeCell -
Analysis
Supreme Court Cellphone Case Puts Free Speech – Not Just Privacy – at Risk
Carpenter v. United States could have drastic implications for First Amendment freedoms in the digital age
By Jameel Jaffer & Alex Abdo -
Analysis
Should the ACLU Represent White Supremacists?
Knight Institute Executive Director Jameel Jaffer's speech to the 2017 ACLU biennial leadership conference
By Jameel Jaffer -
Analysis
How Twitter Killed Free Speech
A country where speaking one’s mind always results in death threats is not a country that can be said to be truly free
By Tim Wu -
Analysis
Why Rely on the Fourth Amendment to Do the Work of the First?
Modern surveillance threatens not only individual privacy but also the freedom to dissent. We shouldn't expect the Fourth Amendment to adequately protect First Amendment interests
By Alex Abdo -
Analysis
Salant Lecture on Freedom of the Press
Knight Institute executive director Jameel Jaffer will deliver the annual Salant Lecture on Freedom of the Press at Harvard University's Shorenstein Center on Media, Politics, and Public Policy. The lecture, established by the estate of Frank Stanton, former president of...
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Analysis
We Need to Know More About Government Searches of Travelers’ Electronic Devices
Laptop and phone searches may be infringing on the freedoms of speech and press more than we realize.
By Carrie DeCell -
Analysis
Is the Trump Administration Censoring a New Book on Government Torture?
Forthcoming book by former NCIS agent on how America used torture as a weapon of war may be heavily redacted—or never released
By Alberto Mora -
Analysis
The Office of Legal Counsel and Secret Law
The public is entitled to know what the law is, not just what the Office of Legal Counsel wants it to know
By Jameel Jaffer -
Analysis
@realDonaldTrump and the First Amendment
Answers to questions about the Knight Institute's position that President Trump cannot block critics on his @realDonaldTrump Twitter account
By Alex Abdo -
Analysis
Censorship at the Border Threatens Free Speech Everywhere
The Trump administration's proposed vetting of social-media accounts at the border threatens First Amendment values and the very idea of open society
By Jameel Jaffer -
Analysis
Why Is the Government Searching Cellphones?
Reports of device searches at the border suggests government is expanding an unconstitutional program
By Katie Fallow