National Security
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Press Statement
Appeals Court Upholds Federal TikTok Ban
Decision “reads important First Amendment precedents too narrowly,” groups say
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Institute Update
New Podcast on Speech & the Border
Season three of “Views on First” looks at the frontiers of censorship and surveillance
By Lorraine Kenny -
Press Statement
Knight Institute and Foundation for Global Political Exchange Settle Case Challenging U.S. Treasury Department’s Unlawful Suppression of Political Speech
Say agreement is a victory for the right of Americans to engage with ideas from around the world
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Press Statement
Knight Institute Comments on Hearing in Federal TikTok Ban Case
Upholding TikTok ban would do profound damage to our democracy, Institute says
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Press Statement
Knight Institute Comments on Upcoming D.C. Circuit Argument in Federal TikTok Ban Case
Ban violates the First Amendment by restricting Americans from accessing foreign media, Institute says
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Press Statement
Knight Institute Comments on Challenge to Federal TikTok Ban
Says TikTok should prevail on First Amendment grounds
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Press Statement
Knight Institute Comments on Passage of TikTok Ban in Foreign Aid Package
Says the measure raises serious First Amendment concerns
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Press Statement
Knight Institute Reacts to British Court Ruling Allowing Julian Assange to Appeal Extradition to the U.S.
Says prosecuting Assange under the Espionage Act threatens press freedom
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Press Statement
Knight Institute Comments on British Court Hearing in Case Against Julian Assange
Urges Justice Department to drop Espionage Act charges, saying they’re a threat to press freedom
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Press Statement
Foundation for Global Political Exchange and Knight Institute Challenge U.S. Treasury Department’s Unlawful Suppression of Political Speech
Say agency’s interpretation of regulations impedes the exchange of ideas and violates the First Amendment
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Institute Update
An Introduction to My Project: Permission to Speak Freely?
An interdisciplinary initiative exploring the speech rights of public employees
By Sam Lebovic -
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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Press Statement
Knight Institute and Reporters Committee File Amicus Brief in Case Challenging Electronic Device Searches at the Border
Argue warrantless device searches violate the First and Fourth Amendments
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Press Statement
Knight Institute Asks Court to Rule Quickly on Researchers’ Challenge to Texas TikTok Ban
Declaration from leading security expert asserts that ban is misguided and counterproductive
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Press Statement
Knight Institute, Brennan Center React to Court Ruling in Documentary Film Organizations’ Challenge to Social Media Surveillance
Say social media registration requirement for visa applicants violates First Amendment
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Press Statement
El Faro Journalists, Knight Institute Urge Court to Deny Motion to Dismiss Case Against Spyware Manufacturer
Court should hold NSO Group responsible for use of its spyware to surveil and intimidate journalists
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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, PEN America, Center for Democracy and Technology, with Other Free Speech Organizations, Send Letter to Congress Opposing Proposed National TikTok Ban
Groups raise alarm over free speech implications of proposed ban
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Press Statement
Knight Institute Comments on Proposed TikTok Ban
Says ban of speech platform would raise serious First Amendment concerns
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Press Statement
U.S. Supreme Court Declines to Hear Wikimedia Foundation’s Challenge to NSA Mass Surveillance
Wikimedia Foundation, Knight Institute, and ACLU call on Congress to limit the NSA’s surveillance of internet communications
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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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Deep Dive
U.S. Courts Must Stop Shielding Government Surveillance Programs from Accountability
The NSA’s surveillance of Americans’ internet use raises serious constitutional concerns, but the government claims a lawsuit against the program would compromise “state secrets”
By Alex Abdo & Patrick C. Toomey -
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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Press Statement
Wikimedia Foundation, Knight Institute, and ACLU Urge U.S. Supreme Court to Hear Challenge to NSA’s Mass Surveillance
Groups argue the government cannot invoke “state secrets” to block court oversight
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Deep Dive
The Espionage Act Has Been Abused — But Not in Trump’s Case
Reforms to the law are long overdue, but they have nothing to do with the Mar-a-Lago search
By Jameel Jaffer -
Press Statement
Knight Institute Comments on Espionage Act Reform Legislation
Says measure would protect press freedom but also calls on Congress to expand protections for whistleblowers
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Press Statement
Newly Released Office of Legal Counsel Opinions Shed Light on Nixon Administration’s Effort to Suppress Pentagon Papers and Prosecute Newspapers
Opinions among hundreds published for the first time in response to Knight Institute litigation
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Press Statement
Supreme Court Declines to Hear Challenge to Intelligence Agencies’ Unconstitutional Censorship Systems
The Knight Institute and the ACLU call on the Biden administration and Congress to fix the agencies’ broken system of “prepublication review”
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Inside Look
Edgar v. Haines: Could Overturning a 1980 Supreme Court Case Help Fix the Broken Prepublication Review System?
The Institute’s Ramya Krishnan on challenging the 40-year-old case underlying the intelligence agencies’ sweeping censorship system
By A. Adam Glenn -
Deep Dive
Reclaim the First Amendment — Harvard Law Review Address
Did the First Amendment serve us well during the “war on terror,” and will it serve us well during the age of social media, surveillance, and ascendant authoritarianism?
By Jameel Jaffer -
Essays and Scholarship
How the Biden Administration and Congress Can Fix Prepublication Review: A Roadmap for Reform
Prepublication review is a sweeping and broken system in need of repair
By Jameel Jaffer , Alex Abdo , Meenakshi Krishnan & Ramya Krishnan -
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Press Statement
Knight Institute Comments on Decision to Grant U.S. Request for Extradition of Julian Assange
Says indictment under the Espionage Act casts a shadow over investigative journalism
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Press Statement
Knight Institute, ACLU Petition Supreme Court To Review Constitutionality of Intelligence Agencies’ “Prepublication Review” Regimes
Say that the regimes impose unconstitutional restrictions on the speech of former government employees
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Deep Dive
Judicial Secrecy: How to fix the over-sealing of federal court records
The time has come for the courts to adopt a uniform procedure for sealing that protects the public’s right of access to court records
By Heather Abraham , Jonathan Manes & Alex Abdo -
Inside Look
Wikimedia Foundation v. NSA: Targeting an Intelligence Program That Monitors Americans’ International Internet Traffic
The Institute’s Alex Abdo on why the NSA’s extensive, warrantless “Upstream” surveillance threatens privacy and free speech
By A. Adam Glenn -
Deep Dive
Are Human Rights Violations Becoming More Difficult to Hide?
In the post-/911 digital era, experts reflect on what they learned from the government's response to the World Trade Center attacks, and how the world of human rights activism has changed
By A. Adam Glenn -
Press Statement
Federal Appeals Court Dismisses Challenge to NSA Internet Surveillance
Knight Institute calls on the Supreme Court to make clear that NSA surveillance is not beyond the reach of our public courts
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Deep Dive
In the “War on Terror,” What Did Rights Organizations Get Wrong?
Jameel Jaffer reflects on what the human rights community might have done differently in the aftermath of 9/11
By Jameel Jaffer -
Deep Dive
The Law of the Reporter’s Privilege is a Mess. A Federal Shield Law Could Help Fix It.
Journalists need to know when they can expect to receive protection under federal law and when they can’t
By Mayze Teitler & Samuel Aber -
Deep Dive
The Justice Department’s New Media Protections Are (Mostly) a Promise, Not Yet a Reality
What’s most important is not what the Attorney General has already done, but what the Justice Department and Congress do next
By Anna Diakun & Jameel Jaffer -
Press Statement
Knight Institute Comments on DOJ’s New Guidelines Limiting the Seizure of Journalists’ Records
Calls on Congress to codify new protections quickly
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Quick Take
The Pentagon Papers 50 Years Later
Safeguarding press freedom today requires extending protections to whistleblowers and limiting the use of the Espionage Act
By Lorraine Kenny -
Deep Dive
For the Biden Administration, Who Counts as News Media?
Newly obtained document raises concerns that some newsgatherers will be denied First Amendment protection
By Anna Diakun & Trevor Timm -
Deep Dive
What Is America’s Spy Court Hiding From the Public?
Unnecessary secrecy about government surveillance is bad for the intelligence agencies, the spy court, and our democracy
By Jameel Jaffer , Theodore Olson & David Cole -
Deep Dive
A New Consensus Around Transparency and National Security Surveillance
Civil libertarian arguments that were dismissed a decade ago are now broadly accepted, even at the highest levels of the intelligence community
By Jameel Jaffer & Patrick C. Toomey -
Press Statement
Former Government Officials, as well as Media Organizations, Microsoft, Former Magistrate Judges File SCOTUS Briefs Challenging Secrecy of U.S. Surveillance Court
Filers Urge Supreme Court to Hear Case on Public Right of Access to Foreign Intelligence Surveillance Court Opinions
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Deep Dive
The Public Should Have Access to the Surveillance Court’s Opinions
It's time for the Supreme Court to enforce the public's right to know how the FISC has shaped the nation’s laws and our liberties
By Alex Abdo & Charlie Hogle -
Press Statement
Former Solicitor General, First Amendment Groups Challenge Secrecy of U.S. Surveillance Court
In Supreme Court petition, ACLU, Knight Institute, and Yale Clinic say public has a First Amendment right of access to opinions of Foreign Intelligence Surveillance Court
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Event
The Mauritanian
Screening of The Mauritanian and panel discussion with Mohamedou Ould Slahi, Tahar Rahim, Nancy Hollander, and Larry Siems
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Press Statement
Knight Institute Calls on Biden Administration to Sanction Saudi Crown Prince for Murder of Journalist
Says newly released intelligence report on killing of Jamal Khashoggi underscores urgent need for accountability
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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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Press Statement
Knight Institute Comments on Decision to Reject U.S. Request for Extradition of Julian Assange
Says indictment under the Espionage Act will continue to cast a shadow over investigative journalism
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Analysis
Trump’s Executive Order on the ICC is Illegal, Not Just Shameful
Sanctions raise First Amendment concerns
By Jameel Jaffer & Carrie DeCell -
Press Statement
Knight Institute Supports Challenge to Trump Administration’s Order Barring U.S. Human Rights Advocates from Engaging with International Criminal Court
OSJI’s lawsuit contends executive order is an abuse of power and violates the First Amendment
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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 -
Interactive
Press-Related Espionage Act Prosecutions
Documenting trends in press-related Espionage Act prosecutions
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Press Statement
Knight Institute and ACLU Sue Trump Administration for Prepublication Review Records
Suit seeks documents that would shed light on abuse of review system to influence public discourse in advance of upcoming election
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Press Statement
Knight Institute Reacts to Ruling in U.S. v. Bolton
Welcomes rejection of prior restraint but says other aspects of ruling raise concern
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Press Statement
Knight Institute and ACLU File Amicus Brief in U.S. v. Bolton
Say government’s attempt to suppress publication of book violates First Amendment
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Press Statement
Knight Institute Comments on U.S. v. Bolton
Says effort to suppress publication of book raises grave First Amendment concerns
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Press Statement
Knight Institute Comments on Reports that White House Will Sue to Block Publication of John Bolton’s Book
Says request for prior restraint against publication is highly unusual and suspect
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Podcast
Podcast: Freedom of Speech, National Security and the Perils of Silencing Former Officials
On the "Vital Interests" podcast, Jameel Jaffer discusses government transparency and the prepublication review process
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Press Statement
Knight Institute Publishes 96 Nixon-Era Office of Legal Counsel Opinions
Opinions obtained in connection with Institute’s ongoing FOIA litigation
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Press Statement
Knight Institute, ACLU To Appeal Court Ruling in Lawsuit Challenging Constitutionality of Far-Reaching Government Censorship System
"Prepublication review" silences voices that the public needs to hear and violates the First Amendment
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Analysis
The Espionage Act Reform Bill Addresses Key Press Concerns
Provides crucial safeguards for reporters
By Carrie DeCell & Meenakshi Krishnan -
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
Explainer: Prepublication Review and How it Applies to Bolton
Government censorship system could block Bolton's memoir
By Alex Abdo & Meenakshi 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 -
Essays and Scholarship
The National Security Case for Breaking Up Big Tech
Reframing the tech giants' role in an era of great power competition
By Ganesh Sitaraman