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Broken Promises: A Lack of Executive Branch Transparency in Obama’s First Term

by Matthew L. Schafer President Obama’s Administration has prosecuted more government whistleblowers than all other presidents combined and has subpoenaed nearly as many journalists as President Bush...

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The Case of the Misleading Wired Headline: The Importance of Legal Reporting...

The First Amendment on the wall of the Newseum in Washington, D.C.  flickr/baekken by Matthew L. Schafer Understandably, most people are not acquainted with ins and outs of our legal system except for...

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Speak, and Speak Immediately: The Risen Subpoena, the Executive Branch, and...

by Matthew L. Schafer I have finally finished my thesis, Speak, and Speak Immediately: The Risen Subpoena, the Executive Branch, and the Reporter’s Privilege.  I hope to write an abridged version...

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DOJ Takes Extraordinary Step in Seizing AP Phone Records

by Matthew L. Schafer On Friday, the Associated Press’s General Counsel Laura Malone received a letter from the Department of Justice.  It informed the AP that the United States government had seized...

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The FBI May Have Violated Federal Law with Rosen Search

by Matthew L. Schafer In May of 2010, a special agent from the FBI filed a request for a search warrant relating to a leak of national security information that found its way into the news.  The...

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Press Coverage of DOJ Lacks in Analysis and Objectivity

by Matthew L. Schafer On Thursday and Friday of this week, Attorney General Eric Holder met with various news organizations after revelations surfaced about the DOJ’s aggressive investigations of...

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Revisiting The Pentagon Papers Case: Could Guardian Journalists be Charged...

Note:  This is the first part of a multiple part series about the ability of the government to prosecute journalists for receiving and disseminating national security information.  It comes in response...

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Is Greenwald a Journalist and Does It Even Matter?

Note:  This is the second part of a multiple part series about the ability of the government to prosecute journalists for receiving and disseminating national security information.  It comes in...

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Fourth Circuit Orders Reporter to Testify as to Source of National Security...

by Matthew L. Schafer Just days after a Department of Justice report sought to “safeguard[] the essential role of a free press in fostering government accountability and an open society,” the Fourth...

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Revisiting Smith v. Maryland, the Case that Allowed the Bulk Collection of...

by Matthew L. Schafer Setting the Scene On March 5, 1976, just a few months before the nation’s bicentennial, Michael Lee Smith robbed Patricia McDonough, and, as a result, he would fundamentally alter...

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