LawFare tackles the Apple-FBI controversy and tries to spell out “a moderate position on the scope of the All Writs Act” in light of the dueling orders from Judge Pym (CDCA) and Judge Orenstein (EDNY).
LawFare posted before the latest update in the Apple-FBI controversy: DOJ may be able to unlock the iPhone central to the San Bernardino case without going through Apple, but with the debate over privacy concerns now public, this sidestepping is “unlikely to entirely head off  a showdown between Silicone Valley and the Justice Department over encryption.”
A Florida jury awards Hogan $115 million in damages—$15 million more than he asked for—in an invasion of privacy case against Gawker.com for posting a sex tape in 2012. Does this signal a potential “shift in American free press law,” or does the outcome have more to do with Gawker’s missteps at trial and Hogan’s gender?
The Atlantic takes an early stab at Obama’s legacy in this long form on his foreign policy record.
Human rights and political freedoms are topics of choice during recent visit, as leaders parse out “double standards,” discuss political prisoners, and take questions from eager reporters.
David Luban, founding editor at Just Security, reviews Trump’s campaign stances on torture. In response to Trump’s statement that he “would like to strengthen the laws [regarding torture] so that we can better compete” against “enemies that don’t have any…restrictions,” Luban looks lays our precisely how Trump would have to go about expanding the law to revive torture as a US government practice.
First Amendment attorney Marc J. Randazza looks at Trump’s record on free speech and its relationship to the recent violence at his rallies in this short opinion piece for CNN.
Unsurprisingly, Jacobin has a different take on free speech, Trump rallies and violence.