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Documents Related to Biden Administration Immigration Policy
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Facebook Has Referred Trump’s Suspension to Its Oversight Board. Now What?
Don’t expect high drama or fireworks. But this could signal a substantial change in how the platform approaches content moderation. -
When Extremists Stormed the Capitol and Got Convicted of Seditious Conspiracy
In 1954, four Puerto Rican nationalist terrorists stormed the Capitol and shot five congressmen. The incident also produced an interesting Second Circuit opinion. -
Is There a Free Speech Defense to an Impeachment?
Some observers have argued that the First Amendment protects President Trump from conviction before the Senate for his inflammatory rhetoric. Senators should not take this argument seriously. -
Disqualifying Insurrectionists and Rebels: A How-To Guide
Could Section 3 of the 14th Amendment be used to bar Donald Trump and some of his allies from ever holding federal or state office again? -
The 14th Amendment’s Disqualification Provision and the Events of Jan. 6
Section 3 of the 14th Amendment is the best legal framework available for addressing the extraordinary events at the Capitol with respect to the eligibility of participants to hold public office. -
The Lawfare Podcast: Dan Hemel and Gerard Magliocca on Section 3 of the 14th Amendment
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Online Service Providers and the Fight Against Child Exploitation: The Fourth Amendment Agency Dilemma
The Fourth Amendment government agency problem requires platforms to walk a fine—and sometimes untenable—line in searching for private user content that contains child sex abuse material and other illega... -
Can a Former President Be Impeached and Convicted?
A response to Judge Michael Luttig. -
How Could Law Enforcement Have Investigated Before the Capitol Riot?
As more information becomes public about the violence at the Capitol, it’s helpful to understand the basic rules under which the government collects information in advance of events like those that took ... -
Report Details Justice Department's Push to Separate Immigrant Families
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A Proposal for a Commission on the Capitol Siege
An attempt to sketch out the justification for a commission as well as the mandate, major areas of inquiry and legislative language that are needed to guide this effort.