The “actual malice” standard, explained
What exactly is the “actual malice” standard? Our new paper, explores the history, role, and purpose of the standard, and how it fits into our democracy.
March 30, 2023
Defamation and Democracy: The Democracy Case for Preserving the “Actual Malice” Standard
The “actual malice” standard is a core protection for a robust exchange of ideas, including a free and independent press.
March 30, 2023
Towards Proportional Representation for the U.S. House
Replacing winner-take-all elections with a proportional system of representation could curb gerrymandering; increase the share of competitive congressional seats; and expand representation.
March 28, 2023
In a Win for First Amendment Rights, Federal Court Rules That DHS Illegally Targeted Pastor Kaji Douša for Ministering to Migrants and Refugees
In a major victory for religious freedom and free speech, a federal judge in California ruled that U.S. Customs and Border Protection (CBP) and the Department of Homeland Security (DHS) violated
March 22, 2023
Douša v. DHS
Protect Democracy and Arnold & Porter Kaye Scholer LLP filed a lawsuit on behalf of Reverend Kaji Douša, challenging a previously secret Department of Homeland Security (DHS) surveillance operation.
March 21, 2023
Americans Deserve a House of Representatives That Better Represents Them
A right-wing minority has outsized power in the House today. With proportional representation, that problem would be much less likely.
January 19, 2023
19 Employers File Brief Against Florida’s Stop WOKE Act, Asserting the Law Is Unconstitutional and an Impediment to Business Success
19 employers in a range of industries filed an amicus brief in support of our lawsuit against Florida's Stop WOKE Act.
January 19, 2023
January 8 Was a Terrible Day for Brazilian Democracy. It Was Not Another January 6.
Unlike in the United States, major political allies of Bolsonaro acknowledged his opponent’s win right out of the gate and spoke out quickly in support of democracy.
January 16, 2023
Jessica Denson & Protect Democracy on Precipice of Forever Voiding All 2016 Trump Campaign NDAs, Pending Court Approval
Today Lead Plaintiff Jessica Denson and the 2016 Trump presidential campaign filed a proposed settlement agreement to forever free all campaign workers formerly bound to silence.
January 13, 2023
Electoral Count Act (ECA)
The Electoral Count Act governs the way that electoral votes are cast and counted during presidential elections in the United States. The law includes vague, outdated language that must be updated.
December 23, 2022