FOIA
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Press Statement
New Lawsuit Seeks Immediate Release of Department of Education Guidance to Colleges and Universities Concerning Title VI
Public has a right to know what DOE is telling universities about their Title VI obligations, Knight Institute says
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Press Statement
Federal Court Says Warrant Required for Device Searches at the Border
Cites concerns about chilling effects of warrantless searches on free speech & press freedom
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Press Statement
Office of Legal Counsel Ordered to Release Many of Its Legal Opinions
Landmark ruling is a victory for transparency and accountability
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Deep Dive
ICE Acknowledges First Amendment Limits on Its Power to Remove Foreign Nationals
Newly obtained legal memos suggest that proposals to remove non-U.S. persons from the country based on their political expression likely violate the Constitution.
By Alexia Ramirez -
Press Statement
Newly Released ICE Memos Explain Why Recent Proposals to Revoke Student Protesters’ Visas Are Likely Unconstitutional
Proposals violate the First Amendment and would chill legitimate political speech, Knight Institute says
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Press Statement
State Department Rule Requiring Visa Applicants to Register Their Social Media Handles is Ineffective, New Documents Say
Knight Institute renews calls for Biden administration to end policy that “infringes expressive and associational freedom”
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Deep Dive
Judging in Secret
The Justice Department’s Office of Legal Counsel was once known as the “constitutional conscience” of the executive branch, but in recent years it has been known principally for green-lighting torture, mass surveillance, and extrajudicial killings.
By Jameel Jaffer -
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Press Statement
Knight Institute and Committee to Protect Journalists Call for Release of Intelligence Report on Khashoggi Murder
Say suppression of report is an affront to press freedom
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Press Statement
Newly Released Office of Legal Counsel Memos Show Evolution of Executive Privilege, 1972-1984
Opinions among hundreds published for the first time in response to Knight Institute litigation
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Press Statement
Newly Released Office of Legal Counsel Memos Shed Light on Government’s View of War Powers, 1945-1993
Opinions among hundreds published for the first time in response to Knight Institute litigation
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Deep Dive
Biden promised transparency. Has he delivered?
One year into Biden's presidency, Staff Attorney Anna Diakun reflects on the administration’s transparency record and calls for a course correction where it has come up short.
By Anna Diakun -
Deep Dive
The Worrying Expansion of the Social Media Surveillance-Industrial Complex
Knight Institute submits FOIA requests into scope and details of government contracts
By Sinclair Cook & Michael DelRossi -
Quick Take
Institute Presses Once More for OLC Transparency
Calls for the Biden administration to routinely make public the final legal opinions of the Justice Department’s Office of Legal Counsel
By A. Adam Glenn -
Press Statement
In Knight Institute Lawsuit, Court Orders CDC to Release Trump Administration Policies Restricting Employees’ Ability to Speak to Press and Public
Withheld policies raised public-health and free-speech concerns in the early months of the coronavirus pandemic
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Essays and Scholarship
What We Owe Whistleblowers
Jameel Jaffer argues that their disclosures since 9/11 have been vital, and that we should protect them better than we do
By Jameel Jaffer -
Institute Update
Knight Institute Publishes New Series of OLC Indexes
The release includes 12 new lists of unclassified opinions written between 1959 and 1972
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Deep Dive
Long-Withheld Office of Legal Counsel Records Reveal Agency’s Postwar Influence
Indexes of opinions from 1945 to 1958 highlight key role of office in issuing controlling interpretations of law inside executive branch
By Xiangnong (George) Wang -
Institute Update
Knight Institute and Reporters Committee Urge Attorney General Garland to Ensure Compliance with the Freedom of Information Act
Groups lay out steps for newly confirmed attorney general to take now
By Anna Diakun -
Institute Update
Knight Institute, ACLU, and More than 40 Organizations Call on Biden Administration to Embrace a More Open Government
Letter proposes steps the administration could take immediately
By Anna Diakun -
Press Statement
Office of Legal Counsel May Be Required to Release Many of Its Legal Opinions, Court Says
Ruling is a major victory for transparency and accountability
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Press Statement
Knight Institute Asks CDC for Policies Restricting Employees’ Speech
Policies raise public-health and free-speech concerns in the midst of the coronavirus pandemic
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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 -
Press Statement
Knight Institute Calls on DOJ’s Executive Office for Immigration Review to Suspend Policy Silencing Immigration Judges
In a letter, the Institute argues that the agency’s policy, which it recently obtained through a FOIA request, violates the First Amendment
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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 -
Press Statement
Knight Institute Challenges Justice Department’s Claimed Authority to Categorically Withhold Key Legal Opinions
Scholars request access to OLC legal opinions on executive power
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Press Statement
Knight Institute Responds to UN Special Rapporteur’s Report on the Murder of Journalist Jamal Khashoggi
Executive Director Jameel Jaffer calls on U.S. government to support the report’s recommendations and the quest for justice
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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
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
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
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 -
Press Statement
Committee to Protect Journalists Joins Lawsuit Seeking Release of Khashoggi Documents
Knight Institute and CPJ v. CIA aims to determine whether intelligence agencies fulfilled "duty to warn" journalist that he was in danger
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Press Statement
Knight Institute Sues to Learn If U.S. Complied With “Duty to Warn” journalist Jamal Khashoggi
Reports suggest U.S. intelligence agencies intercepted Saudi communications discussing plot before Khashoggi's murder
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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 -
Press Statement
Groups Urge Appeals Court for Proactive Disclosure of “Secret Law” Governing Executive Branch
Amicus brief urges federal appeals court to rule that the Office of Legal Counsel's formal opinions belong in the public realm
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Press Statement
Knight Institute Presses for Disclosure of Justice Department's "Secret Law"
Lawsuit seeks proactive release of Office of Legal Counsel's formal legal opinions
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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
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
“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 -
Press Statement
Traveler Complaints Reveal Abuses in Border Searches of Electronic Devices
Responding to Knight Institute FOIA, government releases 92-page spreadsheet containing 240 complaints about electronic device searches at border
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Press Statement
Lawsuit Seeks Government Guidelines on Surveillance of Journalists
Knight Institute, Freedom of the Press Foundation file lawsuit amid surge in leak investigations
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Press Statement
Knight Institute Sues for Documents on Social Media Monitoring and “Extreme Vetting” of Immigrants, Visitors
Lawsuit seeks documents relating to government's claim it can exclude or remove non-citizens based on speech, beliefs, and associations
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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 -
Press Statement
Trump Administration Withholds Almost All Mar-a-Lago Visitor Records
Despite court order, turns over just 22 names from a single visit
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Press Statement
Court to Hear Arguments in Lawsuit to Disclose Justice Department's "Secret Law"
Representing Campaign for Accountability, Knight Institute seeks Office of Legal Counsel's formal legal opinions
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Press Statement
Homeland Security Says It Will Release Mar-a-Lago Visitor Records
Announcement comes in response to lawsuit seeking logs of visitors to the White House and Trump properties
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Press Statement
Knight Institute Sues for White House Visitor Logs
Lawsuit follows failure to comply with FOIA request for records of visitors to White House, Mar-a-Lago, and Trump Tower
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Analysis
Why Is the Government Searching Cellphones?
Reports of device searches at the border suggests government is expanding an unconstitutional program
By Katie Fallow -
Press Statement
Knight Institute Sues for Records On Cellphone and Laptop Searches at the Border
Lawsuit against DHS seeks information on searches of travelers’ electronic devices without a warrant