Trying Donald Trump after he has left office would be to subvert the law in an effort to punish someone who subverted the law.  

Besides offering a definitive account of the events leading up to the storming of the Capitol and the attack itself, what should an investigative commission devoted to Jan. 6 look at? 

 The 14th Amendment path to holding Trump accountable is true to the facts and preferable procedurally, as compared to impeachment.  

Don’t expect high drama or fireworks. But this could signal a substantial change in how the platform approaches content moderation.

In 1954, four Puerto Rican nationalist terrorists stormed the Capitol and shot five congressmen. The incident also produced an interesting Second Circuit opinion.

Some observers have argued that the First Amendment protects President Trump from conviction before the Senate for his inflammatory rhetoric. Senators should not take this argument seriously.

Could Section 3 of the 14th Amendment be used to bar Donald Trump and some of his allies from ever holding federal or state office again?

Section 3 of the 14th Amendment is the best legal framework available for addressing the extraordinary events at the Capitol with respect to the eligibility of participants to hold public office.

The Fourth Amendment government agency problem requires platforms to walk a fine—and sometimes untenable—line in searching for private user content that contains child sex abuse material and other illega...