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civil liberties



  • We're Facing the Results of the Dems' Retreat from Secularism

    by Jacques Berlinerblau

    By trying to match the Republicans on bringing Christian faith into policy, Democrats abandoned the difficult but necessary struggles to define how a diverse society protects religious freedom for majority and minority faiths – and those of no faith. 



  • How the Public Stopped Worrying and Learned to Love Wiretapping

    by Andrew Lanham

    Brian Hochman shows that the white backlash to civil rights and racial justice protests helped to undermine longstanding civil libertarian opposition to electronic surveillance and normalize the idea of the government spying on Americans. 



  • How Rights Went Right

    by David Cole

    Is an all-or-nothing view of constitutional rights at the root of growing cultural clashes pitting civil rights against the free exercise of religion? A new book suggests alternatives. 


  • On the Illogic of War

    by Don Fraser

    The logic of war rejects dissent and the moderating influence of political concerns in the pursuit of destruction, and liberal democracies aren't exempt. 



  • Russian Academics See "No Future" at Home

    While many Western academics have focused on the danger faced by Ukrainian scholars, it is clear that the domestic politics of Russia are increasingly dangerous for academic freedom as well. 



  • The "Who Cares if You're Innocent" Project on the Right

    Recent Senate hearings for Biden's court nominees, and the opinions of some Supreme Court justices on criminal cases, suggest that constitutional protections for the right to counsel are in jeopardy, says legal historian Sara Mayeux. 



  • Lessons From the Struggle Against the Old McCarthyism

    by Benjamin Mitchell-Yellin

    For a Texas professor, the Lieutenant Governor's push to abolish tenure and punish faculty for teaching certain ideas calls to mind the experiences of his grandparents in the heyday of McCarthy and HUAC. 



  • Law Enforcement Has Long Practiced Double Standards for Activists

    by Denise Lynn

    Nobody should be shocked that the FBI has aggressively surveilled Black Lives Matter organizers while deciding that the online organizing of the January 6 attack on the Capitol was protected speech; this double standard has characterized law enforcement's approach to racial justice protest. 



  • 9/11 Forever

    by Joseph Margulies

    "By creating the impression that the stakes were not merely consequential but existential, the attacks of September 11 normalized previously unimaginable cruelty."



  • Reviving Sedition Prosecutions Would Be a Tragic Mistake

    by David Beito

    A libertarian historian argues that the use of sedition law to charge participants in the Capitol riots would revive a dangerous pattern of prosecuting ideology instead of action, one which those on the left should also treat with suspicion. 



  • A Lesser-Known Trump Immigration Policy Needs Biden’s Attention

    by Smita Ghosh

    Biden should reverse the Trump policy of using "expedited removal" to deport migrants without a hearing, which is part of a historical pattern of deportation programs that harm communities, separate families, and sometimes result in legal residents being expelled from the United States.