Democracy

President Trump has repeatedly called into doubt the integrity of U.S. democracy, and favors aggressive limits on freedoms of speech and press.

Update | The Week of November 27, 2017

12/4/17  //  Daily Update

Internet libel takedown orders may violate search engines' First Amendment rights. President Trump continues to criticize CNN.

Jeffrey Stein

Columbia Law School

Update | The Week of November 27, 2017

12/4/17  //  Daily Update

Some Alabama voters have received erroneous messages saying that they are not registered to vote. The D.C. Circuit rejected a challenge to separate federal campaign contribution limits in primary and general elections.

Jeffrey Stein

Columbia Law School

Update | The Week of November 27, 2017

12/4/17  //  Daily Update

The D.C. Circuit rejected a challenge to separate federal campaign contribution limits in primary and general elections.

Jeffrey Stein

Columbia Law School

Complicity and Speech: The Right’s New Effort to Rewrite the First Amendment

12/4/17  //  In-Depth Analysis

Conservative legal activists have pushed a sweeping view of the First Amendment’s protection against compelled speech. These new complicity claims should fail.

Update | The Week of November 27, 2017

12/3/17  //  Daily Update

Secretary of State Rex Tillerson may soon be replaced. The D.C. Circuit rejected a challenge to separate federal campaign contributions in primary and general elections.

Jeffrey Stein

Columbia Law School

Versus Trump: Trump The Trustbuster (Interview with Lina Khan)

11/30/17  //  In-Depth Analysis

On this week’s episode of Versus Trump, Charlie has an interview with antitrust expert Lina Khan, Director of Legal Policy of the Open Markets Institute, about the lawsuit filed by the Trump Administration to block the proposed AT&T/Time Warner merger. Listen now!

Charlie Gerstein

Civil Rights Corps

Updates | The Week of November 20, 2017

11/26/17  //  Daily Update

A member of the President's election fraud commission announced that he is seeking an injunction requiring the commission to release working documents. DOJ officials indicated the commission will not meet again until next year.

Updates | The Week of November 13, 2017

11/19/17  //  Daily Update

The House passes its version of a tax bill that would dramatically alter the tax code as President Trump faces trouble over the diversity of his federal judicial nominees and the fitness of his appointees to office, some of whom have alleged conflicts of interest.

Versus Trump: Updates, Y'all!

11/9/17  //  Commentary

You want updates, so we've got updates! On this week’s episode of Versus Trump, Jason and Easha revisit several important cases and news items that we've previously mentioned so that you have the latest information on them. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

The First Amendment and Soliciting Crimes of Migration

11/2/17  //  In-Depth Analysis

By Daniel I Morales: Can the federal government make it a crime to encourage or induce a noncitizen to illegally enter or reside in the United States?

Take Care

Versus Trump: Keeping the DREAM Alive

9/14/17  //  Commentary

On this week’s episode of Versus Trump, we discuss a major new lawsuit that challenges President Trump's announced revocation of the DACA immigration program. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Versus Trump: Waking Dream(host)

8/31/17  //  Commentary

On this week’s episode of Versus Trump, we talk about web-hosting company Dreamhost's refusal to cooperate fully with the Trump Administration's broad request for information about the visitors to DisruptJ20.org, a website allegedly used by those involved in an Inauguration Day riot. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

The Sessions DOJ Turns a Blind Eye to Discrimination

3/22/17  //  In-Depth Analysis

In the landmark Texas Voter ID case, DOJ has begun its official retreat from the protection of minority voting rights. This is the wrong decision and an ominous sign for the future.

Danielle Lang

The Campaign Legal Center

Versus Trump: The FOIA Spectacular!

9/21/17  //  Commentary

On this week’s episode of Versus Trump, Easha and Charlie discuss all things FOIA—that is, the Freedom of Information Act. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

Jason Harrow

Equal Citizens

No, Department of Justice, a Law Designed to Discriminate Against Minority Voters Should Not Remain on the Books

7/10/17  //  Commentary

In a challenge to Texas's strict voter ID law, DOJ has just turned its back on minority voters and victims of discrimination in Texas.

Danielle Lang

The Campaign Legal Center

Neo-Nazis, Wedding Cakes, and Compelled Speech

8/24/17  //  Commentary

Here I explore the interests asserted by GoDaddy and Google in denying service to neo-Nazis and their ilk. I then consider implications of my analysis for the pending Supreme Court case of Masterpiece Cake Shop v. Colorado Civil Rights Comm'n.

Michael C. Dorf

Cornell Law School

Trump Jr. and Citizens United

7/13/17  //  Commentary

In a perfect world, federal election law would distinguish between foreign governments involving themselves in U.S. elections and foreign nationals doing so. Unfortunately, we don't live in that perfect world because of the Supreme Court.

Michael C. Dorf

Cornell Law School

The Bully Podium: Is the First Amendment Defenseless?

9/19/17  //  In-Depth Analysis

Trump has besieged freedoms of speech and press. We must prepare to fight back and defend our liberties.

How Damaging is Clinton v Jones to Trump's Defense Against Various Lawsuits?

5/1/17  //  Commentary

Unless and until the Supreme Court overrules Clinton v. Jones, that rule is that the president lacks immunity, regardless of where he is sued. Thus, Clinton v. Jones is indeed very damaging to Trump's defense against the various lawsuits against him on the basis of his pre-presidential conduct.

Michael C. Dorf

Cornell Law School

UPDATE 2: The President’s Twitter Account & the First Amendment

7/12/17  //  Quick Reactions

The Knight First Amendment Institute at Columbia University and seven Twitter users filed suit yesterday against the President, the White House Press Secretary, and the White House Director of Social Media.

Amanda Shanor

Yale Law School

The President’s Twitter Account & the First Amendment

6/12/17  //  In-Depth Analysis

There are strong First Amendment arguments against President Trump blocking Twitter followers due to disagreement with their views.

Amanda Shanor

Yale Law School

The Value of Gerrymandering

10/7/17  //  Commentary

What is the value to democracy from political gerrymandering for partisan advantage? The intuitive answer is the right one: None.

G. Michael Parsons

Private Practice

State Action Doctrine Under An Autocrat

9/26/17  //  Commentary

President Trump’s autocratic, anti-speech tendencies are blurring one of the key boundaries in existing First Amendment law, which draws a line between government suppression of speech and private suppression of speech.

Leah Litman

U.C. Irvine School of Law

Allowing Felons to Vote Could Prevent Crime

7/27/17  //  Commentary

The case against felon disenfranchisement is overwhelming as a matter of public policy. This matters for the constitutional analysis.

Nancy Leong

Sturm College of Law

Trump and the Decline of the American Middle

4/14/17  //  Commentary

Do our constitutional arrangements predict just the kind of political failure that materialized in November 2016? If so, does that mean that the long-term remedy for that failure lies in constitutional reform? Does our constitutional fate determine our political fate?

Jamal Greene

Columbia Law School

Versus Trump, Episode 2: "Get 'Em Out!" + Richard Primus

4/27/17  //  Commentary

The second episode of Versus Trump, Take Care's podcast, features discussion of a lawsuit against President Trump for inciting violence, the Muslim travel ban, and more. Listen or subscribe now!

Easha Anand

San Francisco

Jason Harrow

Equal Citizens

Charlie Gerstein

Civil Rights Corps

Protecting Free Speech and Free Press From Motivated Malignancy

9/28/17  //  In-Depth Analysis

Trump’s potential violations of free speech and press have much in common with his apparent violations of other constitutional limits

Michael C. Dorf

Cornell Law School

A Free Press Requires a Strong and Independent Judiciary

10/20/17  //  In-Depth Analysis

A free press and a strong judiciary are among the best bulwarks against authoritarianism, and we need one to have the other.

Nancy Leong

Sturm College of Law

Protecting Against Arbitrary Government

9/27/17  //  In-Depth Analysis

Executive bullying creates a potential taint of illegitimacy, of arbitrariness, that could color the political and moral legitimacy of future governmental actions

K. Sabeel Rahman

Brooklyn Law School

The Bully and the Press

10/5/17  //  In-Depth Analysis

By Sonja West: In response to Trump's attacks, we should embrace the unique constitutional status of journalists and mount defenses based on the First Amendment Press Clause.

Take Care

Forum on Defending the First Amendment from Trump

10/6/17  //  Latest Developments

Take Care and Protect Democracy have teamed up to host a forum in which leading scholars consider how we can use the law (and litigation) to protect against Trump's use of the 'bully podium.'

Take Care

An Analysis of DOJ's Brief in Masterpiece Cakeshop

10/18/17  //  In-Depth Analysis

DOJ's effort to to transform this case into a freedom of speech decision threatens the integrity of First Amendment rights. It should be rejected.

Robert Post

Yale Law School

The Slants, Government Speech, and Elane Photography

6/22/17  //  In-Depth Analysis

Thanks to the Supreme Court's ruling in Matal v. Tam, the government speech doctrine will not swallow the First Amendment.

Michael C. Dorf

Cornell Law School

Information Wars: The Final Frontier

7/25/17  //  Commentary

Elements of the Republican Party have proposed eliminating the Budget Analysis Division of the Congressional Budget Office.

Leah Litman

U.C. Irvine School of Law

Facts Matter—Even if the Sessions Department of Justice Doesn’t Realize It

4/26/17  //  Commentary

Just 100 days into the Trump Administration—the Administration that gave rise to the concept of #AlternativeFacts—there is reason to worry that facts don’t matter to the Justice Department now led by Trump’s Attorney General, Jeff Sessions.

Brianne J. Gorod

Constitutional Accountability Center

The Debate Over Confederate Monuments

8/25/17  //  In-Depth Analysis

Why State Anti-Removal Laws are Oppressive and Unconstitutional

Ira C. Lupu

George Washington University Law School

Robert W. Tuttle

George Washington University Law School

What's the Difference Between Confederate Leaders and Slave-owning Founding Fathers?

8/17/17  //  Commentary

We honor Washington and Jefferson despite the fact that they owned slaves, whereas memorials to the likes of Robert E. Lee, Jefferson Davis, and Stonewall Jackson honor them because they fought for a secessionist movement that had the preservation of slavery as its organizing principle.

Michael C. Dorf

Cornell Law School

Versus Trump: Versus Kobach

7/20/17  //  Commentary

On this week’s episode of Versus Trump, we discuss the litigation against the newly-created Presidential Advisory Commission on Election Integrity, that has Kansas Secretary of State—and repeat defendant in voting rights litigation—Kris Kobach as its now-infamous Vice Chair. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Kris Kobach is a Menace to Democracy. Boycott his Vote-Rigging Commission.

5/11/17  //  Quick Reactions

By Jed Shugerman. Trump is using the Comey firestorm as a smoke screen for a potentially more dangerous move: appointing Kris Kobach vice chair of a new “election integrity” commission, with Mike Pence as chair. Kobach will make it a voter-suppression/vote rigging commission, fomenting anti-immigrant and racist fears.

Take Care

Arresting the Deterioration of Democracy

3/31/17  //  Commentary

Troubling signs abound for American constitutional democracy. It isn't (yet) too late to halt the decline. But that will require the creation and implementation of a robust democracy agenda.

Daniel P. Tokaji

Ohio State, Moritz College of Law

Protecting Protesters'—And The President's—Freedom Of Speech

5/12/17  //  Commentary

Some people are trying to sue the President for violence that erupted at his campaign rallies. But if they're successful, it might make life more difficult for many others, like Black Lives Matter, who regularly speak passionately about controversial issues.

Jason Harrow

Equal Citizens

Friends, Enemies, and Trump's First Amendment Violations

9/26/17  //  In-Depth Analysis

Trump’s intemperate attacks on political speech he dislikes are inconsistent with democratic self-government.

Robert Post

Yale Law School

District Court Holds that Texas Discriminated Against Minority Voters, Again.

4/11/17  //  Quick Reactions

Cutting-edge analysis by Gerry Hebert and Danielle Lang of yesterday's ruling that the controversial Texas Voter ID law was enacted with racially discriminatory intent.

Danielle Lang

The Campaign Legal Center

Constitutional Arithmetic Post-Charlottesville: Sometimes One Plus One Equals Zero

8/20/17  //  Commentary

No, the First and Second Amendments do not add up to a right to publicly protest while carrying assault rifles.

Michael C. Dorf

Cornell Law School

Versus Trump: [This Episode Blocked]

9/28/17  //  Commentary

On this week’s episode of Versus Trump, Easha, Jason, and Charlie dive into the merits of a lawsuit brought by Twitter users who have been blocked by @realDonaldTrump. They claim the President's blocking violates the First Amendment. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Aiming the Bully Podium at Minority Communities

10/11/17  //  In-Depth Analysis

By Mark Joseph Stern: From the NFL to Puerto Rico to the impending ban on transgender troops, Trump uses his “free speech rights” to bully minority communities into silence.

Take Care

Jason Harrow is Wrong About the First Amendment

5/12/17  //  Uncategorized

Freedom of speech is great. Nobody denies it. But the lawsuit against Trump for inciting violence at a campaign rally is legally meritorious, at least at the motion to dismiss stage. And the notion that finding liability against Trump here would imperil protests for all Americans just doesn't hold water.

Charlie Gerstein

Civil Rights Corps

The First Amendment Belongs Only to Americans? Wrong

3/29/17  //  Commentary

The First Amendment makes America great for everyone, not just for citizens.

Nikolas Bowie

Harvard Law School

Leah Litman

U.C. Irvine School of Law

Our Imperiled Absolutist First Amendment

10/3/17  //  Commentary

Recent developments could imperil constitutional protections for expressive freedom.

Zachary Price

U.C. Hastings College of the Law

All Your Voter Data Are Belong To Us

6/30/17  //  In-Depth Analysis

Kris Kobach just asked for help building a national voter file in two weeks. That’s massively irresponsible. And it might well be illegal.

Justin Levitt

Loyola Law School

The (Other) Dark Side Of The Comey Affair

5/15/17  //  Commentary

James Comey’s firing threatens more than just the rule-of-law norm against self-investigation. It also threatens the rule-of-law norm against politically motivated policing and prosecutions.

Leah Litman

U.C. Irvine School of Law

Versus Trump: Where There's A Gil... (On Partisan Gerrymandering)

6/29/17  //  Commentary

On this week’s episode of Versus Trump, we discuss a lurking issue with opposing Trump in upcoming elections: partisan gerrymandering. Charlie and Easha take a close look at the case of Gil v. Whitford, a case the Supreme Court recently announced it will take up next fall. In Gil, the Supreme Court may boldly announce a new rule that might seriously curb partisan gerrymandering—or the Court may entirely stop courts from being able to hear these cases at all. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

UPDATE: The President’s Twitter Account & the First Amendment

6/22/17  //  Commentary

Recent developments bolster claims that President Trump has violated the First Amendment by blocking people on Twitter.

Amanda Shanor

Yale Law School

Free Speech Solidarity

10/6/17  //  In-Depth Analysis

Collective action has proven an effective response to the President’s attempted interference with the employment of Jemele Hill and NFL players.

Charlotte Garden

Seattle University School of Law

Hate Speech Is Free Speech, But Maybe It Shouldn't Be

4/25/17  //  In-Depth Analysis

Given enough time, a movement to treat hate speech as beyond the pale, perhaps as part of a backlash against Trumpism, could result in political changes and transformative judicial appointments that redefine the protections of the First Amendment.

Michael C. Dorf

Cornell Law School

Protecting Real News: The Best Solution to the Fake News Panic

10/12/17  //  In-Depth Analysis

Especially in light of Trump's recent remarks, we must better protect media companies from targeted, life-threatening defamation suits

Trump DOJ's Flipped Positions

9/8/17  //  Commentary

Republicans may not be advancing their agenda through legislation, but they're getting it done in other ways.

Leah Litman

U.C. Irvine School of Law

Sessions Changed DOJ's Longstanding Position on Voter Purges in a Key SCOTUS Case.

9/26/17  //  In-Depth Analysis

Now former DOJ officials are calling him on it.

Samuel Bagenstos

University of Michigan Law School

The Voting Rights Agenda Must Include Felon Reenfranchisement

7/10/17  //  Commentary

As disenfranchisement and voter suppression efforts are on the rise, one partial response is reenfranchisement.

Nancy Leong

Sturm College of Law

Trump & Libel

5/16/17  //  Commentary

A particularly brazen part of Trump’s attack on the press has been his assertion—both as a candidate and as President—that he will change the libel laws to make it easier to sue the media for unfavorable coverage. That won't work, for many reasons. But Trump’s outrageous threats are brilliantly successful in other ways, no matter how unlikely they are to formally succeed.

Amanda Shanor

Yale Law School

A Department of Justice, But For Whom?

4/7/17  //  Commentary

A letter about how to fix DOJ’s Civil Rights Division simultaneously maintains that we live in a “post-racial world” and urges the Division to take measures that will disenfranchise people of color.

Joshua Matz

Publisher

Leah Litman

U.C. Irvine School of Law

When Free Speech Suits the President

4/6/17  //  Commentary

A federal judge has refused to dismiss a suit alleging that President Trump incited violence against protesters at one of his campaign rallies last year. The bitter irony to Trump's defense is that it seeks to expand free speech rules; usually, he prefers to trash them.

Amanda Shanor

Yale Law School

States Can Require Financial Disclosure by Presidential Candidates to Safeguard Electoral Transparency

4/6/17  //  In-Depth Analysis

Many states are considering bills requiring future federal presidential candidates to release tax returns, or comparable information, in order to be listed on the ballot. Such requirements are good policy and should be upheld under the Constitution.

Danielle Lang

The Campaign Legal Center

Echoes of History in Objections to Federal Enforcement of Voting Rights

4/21/17  //  Commentary

A letter about how to fix DOJ’s Civil Rights Division has some interesting parallels to a recent voting rights dissent.

Leah Litman

U.C. Irvine School of Law

Ethics Complaints Against Lying Trump-Administration Lawyers

4/7/17  //  Commentary

There might still be some lies that people won't tolerate. Even from lawyers. And even from lawyers who are also politicians. Should those lies be the basis for discipline under legal ethics rules?

Charlie Gerstein

Civil Rights Corps

Information Wars Part I: The Challenge To The Census

4/13/17  //  Commentary

The Trump administration has enacted several policies to conceal, subvert, or manipulate information. It has retracted a proposal to add LGBTQ identification to the U.S. census and eliminated LGBTQ identification from HHS surveys. These policies and others attempt to deny the existence of a problem by disappearing the (inconvenient) facts.

Leah Litman

U.C. Irvine School of Law

Helen Klein Murillo

Harvard Law School '17

Treason and Cyberwarfare

7/27/17  //  In-Depth Analysis

By Carlton Larson: There are two forms of treason recognized under the United States Constitution: (1) levying war against the United States; and (2) adhering to our enemies, giving them aid and comfort. Each raises slightly different issues with respect to cyberwarfare.

Take Care

Versus Trump: The Voting Wars (Interview With Marc Elias)

8/17/17  //  Commentary

On this week’s episode of Versus Trump, we have an interview about voting laws and litigation with former Hillary for America General Counsel and current voting rights superlawyer Marc Elias. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

Sanctionable

4/25/17  //  Quick Reactions

In a civil suit against Trump for inciting violence at a campaign rally, Trump's lawyer argues that Trump is immune from suit as President of the United States (citing Clinton v. Jones). His argument is not simply wrong. It is sanctionable.

Neil J. Kinkopf

George State University College of Law

Versus Trump: The Collusion Lawsuit

7/27/17  //  Uncategorized

On this week’s episode of Versus Trump, Charlie and Easha discuss a newly-filed lawsuit brought by private plaintiffs who allege that Trump's campaign and Trump advisor Roger Stone conspired with Russians to disclose private information about the plaintiffs. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Resisting Calls for Illegal Hiring Practices at DOJ’s Civil Rights Division

4/11/17  //  Commentary

Even in these strange and trying times, we would like to think that our Attorney General will follow the law while staffing the division of DOJ charged with realizing the Constitution’s promise of a democracy that’s worth a damn—one open to all citizens, regardless of the color of their skin.

Joshua Matz

Publisher

Leah Litman

U.C. Irvine School of Law

Versus Trump, Episode Two

4/27/17  //  Commentary

This Week's Episode: "Get 'Em Out!" + Richard Primus

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Justice Kennedy, The First Amendment, and Partisan Gerrymandering

10/4/17  //  In-Depth Analysis

By David Gans: Will Justice Kennedy carve out a partisan redistricting exception from foundational First Amendment principles?

Take Care

A Reprieve for Texas’s Sanctuary Cities

8/31/17  //  Commentary

Cities need to be recognized as constitutional actors in their own right, worthy of protection and capable of self-determination.

Richard C. Schragger

UVA School of Law

Policing is Always Political, So Politicians Should Control It

5/24/17  //  In-Depth Analysis

Recent Harvard Law graduate, and soon to be civil rights lawyer, Shakeer Rahman offers some second thoughts about celebrating federal law enforcement’s independence.

Take Care

Versus Trump: So, Can California Really Do That?

10/5/17  //  Commentary

On this week’s episode of Versus Trump, Charlie and Jason discuss a recently-passed bill awaiting the signature of California Governor Jerry Brown that, if signed into law, would require presidential candidates to disclose five years of federal of tax returns in order to appear on the ballot in California. Jason and Charlie ask each other whether California has the constitutional power to do that, and, if so, whether it's a good idea. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

The One Question Worth Asking

7/25/17  //  Commentary

Here's the most important question to ask about indictments, pardons and self-pardons, and obstruction of justice.

Daniel Hemel

University of Chicago Law School

Constructing the Press as Enemy

9/28/17  //  In-Depth Analysis

The Trump administration—in word and in deed—has engaged in enemy construction of the press.

Take Care

Kobach’s 'Election Integrity' Commission Is Founded on a Big Lie to the American Public

7/7/17  //  In-Depth Analysis

The commission is not truly bipartisan and is based on false assertions of widespread voter fraud.

Danielle Lang

The Campaign Legal Center

Court Finds Discriminatory Purpose in Law Backed by Sessions DOJ

8/28/17  //  Commentary

DOJ's troubling shift on voting rights rightly failed to save a discriminatory Texas law

President Trump’s Election Commission Has Already Violated Federal Law

7/5/17  //  Commentary

Larry Schwartztol of Protect Democracy on how Kris Kobach's request for voter information violated federal law.

Take Care

The Easy Take And The Right Take On The Charlottesville Lawsuit

10/16/17  //  Commentary

There are two ways to look at one of the recent lawsuits against the organizers of the Charlottesville rally, the easy way and the right way.

Leah Litman

U.C. Irvine School of Law

Two Branches, Two Leaders, Two Speeches to Adolescent Boys

8/9/17  //  Commentary

Contrasting Trump with a grownup professional human being reminds one that Trump does not merely give horrible speeches; he is a horrible person.

Michael C. Dorf

Cornell Law School

Presidential Bad Faith

3/16/17  //  Commentary

If the President cannot be trusted to “take Care that the Laws be faithfully executed,” then that obligation falls on “We the People."

Laurence H. Tribe

Harvard Law School

The Commission to Round Up the Usual Suspects

5/12/17  //  Commentary

The President's Commission On Voter Fraud Is Not Designed To Seek Data. Instead, The Commission Has Preordained Conclusions It Will Recommend.

Justin Levitt

Loyola Law School

Trump on Compelled Speech: Unconstitutional for Bakers; Fine for NFL Players

9/25/17  //  Commentary

Can Trump's Justice Department's position on Masterpiece Cakeshop be reconciled with his own views about professional athletes?

Michael C. Dorf

Cornell Law School

Trump’s Trans Ban Isn’t 'Frozen'

8/30/17  //  Commentary

It’s time to stop pretending the Executive Branch is going to check Donald Trump.

Eli Savit

University of Michigan Law School

Mitch Landrieu and the Anti-Denigration Constitution

5/25/17  //  Commentary

Mitch Landrieu’s speech defending the removal of Confederate war monuments in the heart of New Orleans is an eloquent reminder that the Constitution forbids acts that subordinate or denigrate, whether in the context of religion, LGBT rights, or racial equality.

Richard C. Schragger

UVA School of Law

Micah Schwartzman

University of Virginia School of Law

Nelson Tebbe

Brooklyn Law School

What if Trump Censors Climate Science?

8/31/17  //  In-Depth Analysis

Are there legal remedies if Trump refuses to officially accept the Climate Science Special Report?

Dov Fox

University of San Diego School of Law

Updates | The Week of April 10, 2017

4/16/17  //  Daily Update

This week, a federal judge found a discriminatory purpose behind Texas's Voter ID law. On Take Care, Joshua Matz and Leah Litman argue that the Trump Administration's plans for the Department of Justice's Civil Rights Division raise grave concerns. Joshua Matz also notes the concern expressed by advocacy groups over Attorney General Jeff Sessions' lack of commitment to protecting voting rights.

Updates | The Week of October 30, 2017

11/5/17  //  Daily Update

Reports indicate that the Crosscheck system promoted by Kris Kobach, vice chair of President Trump’s Presidential Advisory Commission on Election Integrity, as a tool to purge voter rolls, has a 99% false positive rate.

The Story Thus Far: Campaign Finance

3/16/17  //  Daily Update

The resignation of an FEC commissioner may have given Trump an opportunity to reshape the campaign finance landscape. Here are some useful analyses of the story thus far.

Updates | The Week of June 5, 2017

6/11/17  //  Daily Update

Discussion of President Trump blocking constituents on Twitter, and pro-Trump information spreading on the social media site.

Updates | The Week of July 10, 2017

6/27/17  //  Daily Update

President Trump's voter fraud commission continued to draw significant opposition and criticism, including some resistance from Republican state officials.

Updates | The Week of September 25, 2017

10/1/17  //  Daily Update

Attorney General Sessions and President Trump both made comments slamming NFL players for protesting during the national anthem.

Updates | The Week of September 11, 2017

9/17/17  //  Daily Update

Trump's decision to end DACA spurs a flurry of legal challenges; his election fraud commission gets into more trouble; and the Supreme Court stays the Ninth Circuit's latest trvel ban ruling.

Updates | The Week of October 23, 2017

10/31/17  //  Daily Update

The Congressional Accountability Office will investigate the President's voter fraud commission. Commentators and the Commission's Democratic members remain frustrated by its lack of transparency.

Updates | The Week of April 17, 2017

4/11/17  //  Daily Update

The Administration threatened Wikileaks with criminal action. Meanwhile, the Administration refused to release its visitor logs.

Updates | The Week of June 12, 2017

6/18/17  //  Daily Update

Kris Kobach, appointed by the President, seeks to pass more restrictive voting and immigration laws.

Updates | The Week of March 20, 2017

3/26/17  //  Daily Update

Developments in the First Amendment for the week of March 20, 2017.

Updates | The Week of September 25, 2017

10/1/17  //  Daily Update

A study suggests that confusion over Wisconsin voter ID laws kept thousands of voters from the polls last November. California moved its presidential primary to Super Tuesday.

Updates | The Week of June 12, 2017

6/18/17  //  Daily Update

Analysis continues whether the President violates the First Amendment by blocking Twitter followers due to disagreement with their views.

Updates | The Week of June 17, 2017

6/25/17  //  Daily Update

The President's decision to block users on Twitter may not amount to a First Amendment violation.

Updates | The Week of September 4, 2017

9/10/17  //  Daily Update

The President orders an end to DACA and has Attorney General Jeff Sessions announce the change; Trump Jr.'s June 2016 meeting with a Russian lawyer undergoes more scrutiny; Trump's 16 nominations to the federal judiciary spur challenges and concern.

Updates | The Week of August 14, 2017

8/20/17  //  Daily Update

President Trump's re-election campaign spending on Donald Trump Jr.'s defense lawyer may violate campaign finance laws.

Updates | The Week of August 21, 2017

8/24/17  //  Daily Update

President Trump continues to break fundraising records with a focus on small donors.

Updates | The Week of August 21, 2017

8/24/17  //  Daily Update

An advocacy group filed a lawsuit to make the records of President Trump's Election Integrity Commission public, while commentators continued to criticize the commission.

Updates | The Week of October 30, 2017

11/5/17  //  Daily Update

Many politically active nonprofit organizations and candidates have failed to pay FEC-imposed fines with few consequences, according to the Center for Public Integrity.

Updates | The Week of April 3, 2017

4/9/17  //  Daily Update

This week, Daniel Tokaji argued for an active "democracy agenda" on Take Care while a movement for voter ID laws grows in the states, despite no evidence of a large voter conspiracy.

Updates | The Week of April 10, 2017

4/16/17  //  Daily Update

This week saw analysis of Justice Gorsuch's past opinions on voting rights and free speech cases.

Updates | The Week of June 5, 2017

6/11/17  //  Daily Update

Bob Bauer argues the Trump campaign's collusion with Russia may constitute a campaign finance crime.

Updates | The Week of April 17, 2017

4/23/17  //  Daily Update

A close special election in Georgia may portend electoral problems for the Republicans. During the 2016 election, the Russian government sought to peddle the myth of voter fraud when it appeared President Trump may lose.

Updates | The Week of October 2, 2017

10/8/17  //  Daily Update

Commentary continued on the President's relationship to free speech in the wake of his attacks on the NFL protests.

Updates | The Week of October 2, 2017

10/8/17  //  Daily Update

The Supreme Court held oral argument in Gill v. Whitford, a major partisan gerrymandering case. Concerns persisted over the impartiality of the Pence-Kobach Voter Commission.

Updates | The Week of May 8, 2017

5/14/17  //  Daily Update

A reporter in West Virginia was arrested after persistently questioning Health and Human Services Secretary Tom Price about the AHCA.

Updates | The Week of July 31, 2017

8/6/17  //  Daily Update

A federal district court ruled that a public official's social media pages can be public forums under the First Amendment.

Updates | The Week of June 19, 2017

6/25/17  //  Daily Update

Newly released Supreme Decisions set boundaries on the extent to which the government may limit speech on social media and in the market place.

Updates | The Week of August 7, 2017

8/13/17  //  Daily Update

The Trump Administration's "War on Leaks" risks journalists' FIrst Amendment rights.

Updates | The Week of September 18, 2017

9/24/17  //  Daily Update

As the Trump administration continues to attack the press and free speech, Take Care highlights legal avenues through which the press can push back.

Updates | The Week of October 16

10/21/17  //  Daily Update

Former Attorney General Eric Holder argues the fight for voting rights is the struggle of our generation. Democratic senators requested the Government Accountability Organization investigate President Trump's voting fraud commission.

Updates | The Week of April 17, 2017

4/23/17  //  Daily Update

The New York Times provided in-depth analysis of the unprecedented amount of money given to the Trump Administration for its inauguration festivities.

Updates | The Week of July 3, 2017

7/9/17  //  Daily Update

More than 40 states have fully or partially refused to comply with the Pence-Kobach Commission’s request for state voter data.

Updates | The Week of August 28, 2017

9/3/17  //  Daily Update

Trump's pardon of former sheriff Joe Arpaio sets off a firestorm; another battle over Trump's immigration ban is heard by the Ninth Circuit; and investigators and journalists turn up more evidence of Trump's business dealings with Russia.

Updates | The Week of September 18, 2017

9/24/17  //  Daily Update

Questions about illegal voting and discussions of how to improve election integrity continue to plague the Trump administration. Professor Larry Lessig has a new proposal for election reform.

Updates | The Week of March 27, 2017

4/2/17  //  Daily Update

President Trump highlights the need to fight for truth.

The Story Thus Far: Voting Rights

3/16/17  //  Daily Update

Since taking office, President Trump has cast doubt on the American electoral process--even as DOJ has stepped away from challenges to restrictive voter identification laws. Here are some useful analyses of the story thus far.

Helen Klein Murillo

Harvard Law School '17

Updates | The Week of October 30, 2017

10/29/17  //  Daily Update

The Sixth Circuit granted President Trump's appeal of a denial of a motion to dismiss a complaint alleging that he incited violence at a rally in Kentucky, and new federal legislation includes protections for whistleblowers.

Updates | Week of March 20, 2017

3/21/17  //  Daily Update

Developments in voting and elections for the week of March 20, 2017.

Updates | The Week of August 14, 2017

8/20/17  //  Daily Update

Despite studies showing that voter fraud is practically nonexistent, aides connected to the Trump Administration have created an organization to increase voter turnout in areas where the President has high support and discourage “fraudulent” democratic voting.

Updates | The Week of May 29, 2017

6/4/17  //  Daily Update

Commentators argued that President Trump’s sham Commission on Election Integrity is a threat to democracy, the Supreme Court granted certiorari in a case that could have wide-ranging impact on voting rights, and a new Democratic super PAC is fighting back on partisan gerrymandering.

Helen Klein Murillo

Harvard Law School '17

Updates | The Week of April 10, 2017

4/16/17  //  Daily Update

This week, Twitter sued to oppose a demand for the identity of a user critical of the Trump Administration by the Customs and Border Patrol. Erik Wemple writes that President Trump has undermined public trust in the media.

Updates | The Week of April 24, 2017

4/30/17  //  Daily Update

Leah Litman analyzes a conservative activists' letter to Attorney General Sessions in light of the illegal Texas redistricting plan.

Updates | The Week of November 6, 2017

11/12/17  //  Daily Update

As the GOP attempts tax reform, the Mueller investigation keeps heating up, as does Trump's rhetoric on North Korea.

Updates | The Week of May 8, 2017

5/14/17  //  Daily Update

President Trump signed an executive order creating a presidential commission on “election integrity” based on his false claims of widespread voter fraud during the 2016 election.

Updates | The Week of October 23, 2017

10/31/17  //  Daily Update

Commentary continued on President Trump's hostility toward the press. The federal government released thousands of documents relating to the JFK assassination.

Updates | The Week of April 3, 2017

4/9/17  //  Daily Update

Take Care saw analysis of President Trump's free speech argument in the civil case alleging that he incited violence against protestors by Amanda Shanor, as well as an argument for an active "democracy agenda" by Daniel Tokaji.

Updates | The Week of July 31, 2017

8/6/17  //  Daily Update

States continue to resist the voter fraud commission's attempts to collect voting records. Commission vice-chair Kris Kobach is fighting the ACLU's document requests.

Updates | The Week of May 1, 2017

5/7/17  //  Daily Update

Reince Priebus wants to limit American speech against the government, which is probably unconstitutional. President Trump will find no shelter from suit in Clinton v. Jones precedent.

Take Care

Updates | The Week of March 27, 2017

4/2/17  //  Daily Update

Calls for a "special election" pose major constitutional, political, and policy questions, as Ian Samuel explains for Take Care. Instead, the best way to avoid foreign interference may be to update voting technology.

Updates | The Week of June 5, 2017

6/11/17  //  Daily Update

Efforts to expand automatic voter registration are picking up steam nationally, and the Supreme Court will hear a significant Ohio voting rights case.

Updates | The Week of August 14, 2017

8/20/17  //  Daily Update

DOJ defends the President’s right to block Twitter users, but is seeking identifying information of visitors to an anti-Trump website.

Updates | The Week of July 10, 2017

7/16/17  //  Daily Update

Twitter users blocked by President Trump sued him and other White House aides claiming the Twitter feed is a public forum. The President's personal lawyer argued that Trump's statements on the campaign trail should be held to a different defamation standard.

Updates | The Week of August 21, 2017

8/24/17  //  Daily Update

President Trump sharply criticized the press during remarks in Phoenix, sparking commentary and criticism.

Updates | The Week of April 24, 2017

4/30/17  //  Daily Update

Analysts wrestle with fake news, President Trump's comments at campaign rallies, and his tweets.

Updates | The Week of October 16

10/21/17  //  Daily Update

President Trump is actively stoking culture wars in the United States. President Trump's threats to punish NFL players who kneel may strengthen a free speech argument that works in favor of the players' rights.

Updates | The Week of June 19, 2017

6/25/17  //  Daily Update

Congress and the FEC are considering legislation and rules changes to combat foreign interference in elections.

Updates | The Week of July 17, 2017

6/23/17  //  Daily Update

The President's embattled Commission on Election Integrity, which has been sued by numerous voting rights groups, held its first public meeting this week. DOJ has changed tactics in its Texas voter ID case.

Updates | The Week of August 7, 2017

8/13/17  //  Daily Update

The President's voter fraud commission risks voter purges and may become a target for hackers. The Department of Justice reversed its historical position on the Ohio voter roll purge statute.