Supreme Court
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Essays and Scholarship
The Long Online Shadow of the Material Support Law
How the Supreme Court's ruling on a law meant to curb support to foreign terrorist groups has impacted our own domestic political discourse
By Evelyn Douek -
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Press Statement
Supreme Court Should Strike Down TikTok Ban, Knight Institute Says
The Court’s ruling will have broad implications for free speech online
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Press Statement
Supreme Court Should Protect Americans’ First Amendment Rights and Strike Down TikTok Ban, Knight Institute Says
Court to hear argument on Thursday, January 10
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Deep Dive
Don’t Assume the First Amendment Will Thwart Trump’s Pro-Censorious Agenda
With Trump in the Oval Office, the U.S. Supreme Court will find itself having to answer questions it has sidestepped for years.
By Jameel Jaffer -
Quick Take
What Public Officials Need to Know About Posting on Social Media After Lindke v. Freed
An update to the Institute’s Social Media for Public Officials 101
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Fact Sheet
Social Media for Public Officials 2.0
A First Amendment guide for public officials using social media after Lindke v. Freed
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Deep Dive
Murthy v. Missouri, Government Jawboning, and Our Collective Disinformation Problem
Bad facts make no law? Not much progress toward solving the First Amendment puzzle that jawboning presents
By Enrique Armijo & Derek Bambauer -
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Deep Dive
Doctrinal Disarray
Amicus briefs in Murthy v. Missouri and NRA v. Vullo reveal how divided legal commentators are on jawboning questions
By Mayze Teitler -
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Press Statement
Knight Institute Urges Supreme Court to Reject “Extreme” Arguments Made by States and Platforms in Cases Involving State Social Media Laws
Says decision could have enormous impact on free speech online
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Institute Update
Institute Files Amicus Brief in Murthy v. Missouri
Urges Court to clarify the First Amendment limitations on government efforts to pressure speech intermediaries into suppressing speech
By Jennifer Jones -
Press Statement
In Cases Involving Florida and Texas Social Media Laws, Knight Institute Urges Supreme Court to Reject “Extreme” Arguments Made by States and Platforms
Says Court should invalidate efforts to distort public discourse but leave room for carefully drawn laws relating to privacy, transparency, interoperability
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Press Statement
Knight Institute Comments on Supreme Court Argument in Social Media Blocking Cases
Says Court should make clear that public officials who use social media accounts to conduct official business must comply with the First Amendment
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Press Statement
U.S. Supreme Court to Hear First Amendment Challenges to Florida and Texas Social Media Laws
Knight Institute says cases could reshape digital public sphere
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Press Statement
Supreme Court Rules in Two Major Social Media Cases
Knight Institute says decisions are careful but Court leaves some important questions for another day
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Press Statement
Supreme Court to Consider When Government Officials’ Social Media Accounts Are Subject to First Amendment
Knight Institute says public officials who use social media accounts to conduct official business must comply with the First Amendment
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Deep Dive
Knight Institute Weighs in on Gonzalez v. Google in RE-COMMITTED Q&A
Knight Institute Senior Counsel Wilkens joins other amici discussing the importance of Gonzalez v. Google for the future of the internet
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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
Supreme Court Declines to Hear Challenge to Arkansas’ Anti-Boycott Law
Knight Institute, legal scholars say boycotts are a protected form of political expression
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Deep Dive
How the Supreme Court Could Encourage Platform Transparency
Without chilling free speech
By Ramya Krishnan -
Deep Dive
Twitter v. Taamneh in the Supreme Court: What’s at Stake
A ruling for the plaintiffs could force platforms to take down broad swaths of political speech, Knight Institute says
By Anna Diakun -
Press Statement
Knight Institute Comments on Supreme Court Petition Involving Florida Social Media Law
Says case raises critically important questions about free speech online
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Deep Dive
Rereading “Editorial Discretion”
Despite what the Fifth Circuit recently suggested, “editorial discretion” is most definitely a whole thing
By Evelyn Douek & Genevieve Lakier -
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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
Knight Institute Comments on Supreme Court Petition Involving Florida Social Media Law
Says case raises critically important questions about free speech online
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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
Rereading Schenck v. United States
Please don't falsely yell fire in a crowded theater
By Evelyn Douek & Genevieve Lakier -
Deep Dive
Rereading Bluman v. Federal Election Commission
Foreigners have interesting and important things to say too
By Evelyn Douek & Genevieve Lakier -
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Press Statement
Supreme Court Puts Texas Social Media Law on Hold
Knight Institute welcomes Supreme Court’s order
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Deep Dive
Rereading Herbert v. Lando
Why exercising editorial discretion doesn’t exempt platforms from all transparency mandates
By Evelyn Douek & Genevieve Lakier -
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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Deep Dive
Rereading the First Amendment
Exposing the false assumptions that underlie contemporary First Amendment debates
By Evelyn Douek & Genevieve Lakier -
Deep Dive
Rereading Alvarez
It turns out the government can regulate lies … sometimes
By Evelyn Douek & Genevieve Lakier -
Press Statement
NetChoice, CCIA Ask Supreme Court To Reverse Fifth Circuit’s Decision Lifting Stay of Texas Social Media Law
Knight Institute says Court should block the law until legal challenge is resolved
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Press Statement
NetChoice, CCIA Expected To Ask Supreme Court To Reverse Fifth Circuit’s Decision Lifting Stay of Texas Social Media Law
Knight Institute says Court should block the law until legal challenge is resolved
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Deep Dive
Egbert v. Boule Offers Chance To Recognize Bivens Remedies for First Amendment Retaliation
The Supreme Court's own reasoning suggests it should not foreclose a Bivens action for First Amendment retaliation claims
By Alyssa Morones -
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
The Media will be All Right
A plaintiff’s lawyer’s lament on how anti-SLAPP will be an obstacle for defendants with or without Sullivan
By Carrie Goldberg -
Deep Dive
Sullivan is Not the Problem
It’s the amplification of misinformation that’s the issue; the solution is about the architecture of our public square
By Nabiha Syed -
Inside Look
City of Austin v. Reagan National Advertising: Proposing a More Nuanced Test for Identifying Content-Based Laws
The Institute’s Scott Wilkens on how a Supreme Court case involving a city sign code may influence the government’s ability to protect free speech online
By A. Adam Glenn & Sinclair Cook -
Press Statement
Supreme Court Declines to Hear First Amendment Challenge to Secrecy of U.S. Surveillance Court
The Knight Institute, ACLU, Yale Clinic, and former Solicitor General say the Court’s denial curtails the public’s First Amendment right of access to Foreign Intelligence Surveillance Court opinions
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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 -
Press Statement
Knight Institute Comments on Supreme Court Decision in Van Buren v. United States
Says decision will help protect public-interest research and journalism, but more is needed
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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 Pitfalls of Platform Analogies in Reconsidering the Shape of the First Amendment
Krishnan responds to “After the ‘Great Deplatforming’: Reconsidering the shape of the First Amendment,” by Genevieve Lakier and Nelson Tebbe
By Ramya Krishnan -
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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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Analysis
As Public Forums Move Online, So Does the First Amendment
The Supreme Court's decision in Manhattan Community Access Corp. v. Halleck could affect protections against censorship on online public forums
By Katie Fallow -
Press Statement
Knight Institute Urges Supreme Court to Protect Against Government Censorship in Online Public Forums
Amicus brief in Manhattan Community Access Corp. v. Halleck argues First Amendment applies to government-controlled public forums on privately-owned platforms
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Press Statement
Supreme Court Strengthens Digital-Era Privacy and First Amendment Rights
Landmark ruling in Carpenter v. United States holds government can't acquire sensitive cellphone location data without a warrant
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Forum
When Are Union Dues a Form of Speech?
Will Supreme Court adopt compromise Justice Scalia proposed in Janus to avoid overturning 40-year precedent integral to First Amendment doctrine?
By Christopher E. Babbit -
Analysis
Supreme Court Cellphone Case Puts Free Speech – Not Just Privacy – at Risk
Carpenter v. United States could have drastic implications for First Amendment freedoms in the digital age
By Jameel Jaffer & Alex Abdo -
Press Statement
In Supreme Court Brief, Technologists Warn Against Warrantless Access to Cell Phone Location Data
Amicus brief describes how warrantless access to location data threatens freedoms of speech and assocation