25 Articles
👁 A close up of the tab from a confidential file folder.
A Step in the Right Direction for Prepublication Review
A recent clarification could help former government employees who once held security clearances publicly write and speak more freely.
Feb. 6, 2025
Jack Goldsmith and Oona A. Hathaway
👁 Non-Disclosure Agreement on paper close up
The New Intelligence Community Directive on Prepublication Review: Important Reforms and Critical Omissions
The ODNI's prepublication review directive improves several important aspects of the system, but fails to make certain critical changes.
Sep. 20, 2024
Elizabeth Goitein and John P. Fitzpatrick
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The ODNI’s New and Disappointing Prepublication Review Process
Intelligence Community Directive 711 contains modest improvements, but is a missed opportunity provide uniform standards across agencies.
Sep. 4, 2024
Jack Goldsmith and Oona A. Hathaway
👁 Supreme Court Building
Supreme Court Should Address Prior Restraints on Former Gov’t Employees
U.S. intelligence agencies prohibit millions of former public servants from speaking or writing about government policy without first obtaining the government’s approval - based…
May 19, 2022
Jameel Jaffer and Brett Max Kaufman
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How the U.S. Government Built the Largest System of Prior Restraint in U.S. History
Prepublication review has ballooned since 1980 Supreme Court decision in Snepp v. U.S.
Feb. 7, 2022
Jack Goldsmith and Oona A. Hathaway
👁 Redacted text on a sheet of paper.
Prepublication Review and the Quicksand Foundation of Snepp
A massive system of prior restraint hangs on an irregular Supreme Court footnote.
Jan. 31, 2022
Jack Goldsmith and Oona A. Hathaway
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2022 Update: Good Governance Paper No. 5: Prepublication Review – How to Fix a Broken System
At one-year mark of Biden administration, top experts revisit proposals to restore and promote nonpartisan principles of good government.
Jan. 26, 2022
Oona A. Hathaway and Jack Goldsmith
👁 Redacted text on a sheet of paper.
How a New Administration—and a New Congress—Can Fix Prepublication Review: A Roadmap for Reform
The new administration, and the new Congress, should act more decisively to reform this broken system.
Nov. 24, 2020
Alex Abdo, Jameel Jaffer and 2 more
👁 Parchment paper reading, “The Good Governance Papers: A Collection of Essays in favor of public integrity and the rule of law as written upon at Just Security Fall 2020”
Good Governance Paper No. 5: Prepublication Review — How to Fix a Broken System
Fifth in series of top experts exploring proposals to restore and promote nonpartisan principles of good government, public integrity, and rule of law.
Oct. 19, 2020
Jack Goldsmith and Oona A. Hathaway
👁 A redacted document with blurry text where there aren’t redactions.
A District Court Endorses a Broken Prepublication Review System
Last week, a district court in Maryland dismissed a constitutional challenge to the system of prior restraints that prohibits millions of former intelligence agency employees from…
Apr. 21, 2020
Alex Abdo, Jameel Jaffer and 2 more
👁 Trump and Bolton
John Bolton’s Silence — Here’s how he could lawfully break it
"If he wanted to, Bolton could this afternoon ..."
Jan. 31, 2020
Jameel Jaffer and Ramya Krishnan
👁 Bolton and Trump
Explainer: Prepublication Review and How it Applies to Bolton
An explainer of the key features of the prepublication review process and the significant discretion it gives the government to suppress protected speech—potentially including…
Jan. 30, 2020
Alex Abdo and Meenakshi Krishnan