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Analysis

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Election Denial Can’t Overcome Election Certification Protections

Election deniers have tried to refuse to certify valid election results, but longstanding safeguards can stop them. A new law review article details the past experience and present protections against such attacks.
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- February 13, 2024
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Data Brokers Are Running Wild, and Only Congress Can Rein Them In

A pair of bills would stop the government from using data brokers to evade privacy protections.
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- February 13, 2024
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Biden Can Federalize the Texas National Guard — But Shouldn’t

The Insurrection Act — which he would have to invoke — is meant as a last resort. We’re not there yet.
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- February 7, 2024
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A President Is Not a King

The DC Circuit Court of Appeals rejected Trump’s bid for immunity in the criminal case against him for trying to alter the 2020 election results.
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- February 7, 2024
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Federal Appeals Court Affirms Presidents Can Be Prosecuted Just Like Everyone Else

The court unanimously held that former President Trump is not immune from criminal prosecution for trying to overturn the 2020 election.
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- February 6, 2024
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Costs for Replacing Voting Equipment in 2024

While states continue to make progress in updating their voting equipment, additional funding for election security is needed.
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- February 7, 2024
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Unpacking the Legal Challenges to Trump’s Ballot Eligibility

The vast majority of cases aiming to remove Trump from the ballot have been dismissed, but without deciding whether he’s eligible to hold the presidency.
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- February 6, 2024
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Study Reveals Inadequacy of Police Departments’ Social Media Surveillance Policies

Hundreds of law enforcement agencies lack the safeguards needed to prevent officers from misusing social media to target First Amendment activity and minorities. Our best practices show how to fill the gaps.
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- February 7, 2024
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Threats and Intimidation Are Distorting U.S. Democracy

A new Brennan Center report documents rising abuse of elected officials.
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- January 31, 2024
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Texas Law Punishes Voters

In a lawsuit, Texas voters testified about the law’s detrimental impacts, particularly for voters of color and those with disabilities or limited English proficiency.
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- January 31, 2024