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President Trump’s alleged blocking of members of the public on Twitter on what appear to be viewpoint-based considerations, preventing them from reading his tweets and responding to them, raises serious ...
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The U.S. Court of Appeals of the Ninth Circuit has affirmed in part a preliminary injunction against the Trump administration's revised travel ban issued by a federal district court in Hawaii v. Trump. T...
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Back in December 2014, Lawfare bought a Bitcoin. We did so with the idea that owning one might provide the impetus for some writing about the national security implications of blockchain technology. Th...
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Material support prosecutions comes in many shapes and sizes, but because of their frequency we often fail to notice when their are unusual or novel applications. A case in point (well, two cases in poi...
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The world has waited for Donald Trump’s response to yesterday’s stunning testimony from former FBI Director James Comey. Trump’s uncharacteristic restraint in holding back from tweeting yesterday apparen...
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Reality Leigh Winner, a recently separated Air Force linguist and a new hire by Pluribus International Corporation as a support contractor with a Top Secret clearance, allegedly searched for and printed ...
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Yesterday the Supreme Court granted certiorari in Carpenter v.
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Professor Blackman has argued extensively that, under controlling Supreme Court precedent (specifically Kerry v. Din and Kleindienst v.
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The Supreme Court has granted a writ of certiorari in Carpenter v. United States, agreeing to review the decision by the U.S. Court of Appeals for the Sixth Circuit holding that the Fourth Amendment perm...
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Whose Authorization Matters—The Third-Party Accounts of Former Employees
Two district courts in Virginia have parsed out a distinction regarding email access to the third-party accounts of former employ...
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Early this morning, apparently in response to a segment on Morning Joe, President Trump unleashed a Twitter storm about the travel ban cases, one of which has been appealed to the Supreme Court.
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This is the final part of a five-part series on the Fourth Circuit’s recent en banc decision in IRAP v. Trump. Part I analyzed how the court considered pre- and post-inauguration statements. Part II anal...