Law and Disorder August 3, 2026

Challenges To The Trump Administration’s Executive Orders

The legal system is straining as it tries to hold the Trump administration accountable for its unprecedented assault on our constitutional rights. Close to a thousand lawsuits have been filed challenging Trump’s Executive Orders and their implementation, plus more than ten thousand separate habeas corpus petitions filed by people targeted by Trump’s immigration crackdown.

We take a deeper look at some of these legal and political developments. We’re joined by our very own co-host Steve Rohde, who practiced constitutional law for almost 50 years.  He is a former Chair of the ACLU Foundation of Southern California, the author or two books and numerous articles on the courts and the law.

Guest – Stephen Rohde is a journalist, lecturer and political activist. For almost 50 years, he practiced civil rights, civil liberties, and intellectual property law and has won significant First Amendment victories in state and federal appellate courts.Steve is past chair of the ACLU Foundation of Southern California and Chair Emeritus of Bend the Arc, a Jewish Partnership for Justice. He is a founder and current chair of Interfaith Communities United for Justice and Peace; and a member of the Board of Directors of Death Penalty Focus. He is the Special Advisor on Free Speech and the First Amendment for the Muslim Public Affairs Council.Steve is the author of the books American Words of Freedom: The Words That Define Our Nation and Freedom of Assembly and numerous articles and book reviews on civil liberties and constitutional history. He is co-author of Foundations of Freedom published by the Constitutional Rights Foundation. Steve is also the host of Speaking Freely: A First Amendment Podcast exploring the most important Supreme Court cases in the area of free speech and free press.

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Student Journalism Supported By Law Center

Student journalism is one of the most vital—and often overlooked—front lines in the fight for a free press. Across the country, student reporters expose such topics as sexual misconduct, financial mismanagement, and government secrecy. Yet without the institutional legal backing enjoyed by newsrooms, they frequently face censorship, retaliation, and lawsuit threats from administrators and public officials.

For more than fifty years, the Student Press Law Center has stood as the nation’s leading legal advocate for student journalists. Founded in 1974, the nonprofit offers free legal help via a nationwide hotline, advises on First Amendment issues—from libel to public records access—and spearheads the “New Voices” movement for state-level legal protections.

Guest – SPLC staff attorney Jonathan Gaston-Falk. A former student journalist himself at York High School in Virginia, Jonathan joined the center in March 2022 after a five-year tenure leading the Education Law Unit at the Legal Aid Society of Rochester, New York. There, he advocated for student free speech rights before school boards and the state Commissioner of Education.

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Law and Disorder June 1, 2026

The Complicit Lens: US Media Coverage of Israel’s Genocide in Gaza

For more than two years, the world has witnessed not only a devastating war in Gaza, but also a fierce battle over how that war has been covered in the media. We’ve seen headlines repeated before facts were verified. We’ve seen civilian deaths described in passive language that obscures responsibility. We’ve watched journalists, students, doctors, and even U.N. officials dismissed or marginalized when their accounts challenged official narratives – sometimes costing their lives.

All the while, independent reporting and social media footage taken by individuals on the ground show a different reality than the Israeli and US government narratives that dominate corporate media coverage. So what happens when the press stops acting as a watchdog and instead becomes an amplifier for state power? How can the public make informed moral decisions when reporting is shaped by concentrated political and corporate interests? And what obligations do journalists have when governments are pushing narratives in times of war?

Guest – Robin Andersen is a professor, media critic, and longtime scholar of war propaganda and political communication. Her new book, The Complicit Lens: US Media Coverage of Israel’s Genocide in Gaza, examines how major U.S. media institutions covered the war after October 7th, 2023 and how corporate journalism helped manufacture public consent for catastrophic violence while, at the same time, narrowing the scope of speech and debate.

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The Future Of Cash Bail Reform

The principle of “innocent until proven guilty” has stood at the center of the criminal legal system in the United States for centuries. But in the real world, enjoying freedom before a trial has often depended less on guilt or innocence — and more on money. According to the Prison Policy Initiatives, among other sources, at least 400,000 people are in jail awaiting trial. In other words, they are legally innocent and have not been convicted of a crime, but remain behind bars. Many are there because they cannot afford to pay bail.

Supporters of the cash bail system claim it ensures people return to court for their trial, and therefore protects public safety. Critics, including our next guest, point to the unfairness of cash bail: it punishes poverty, pressures people into guilty pleas, tears apart families, and deepens racial and economic inequality. Out of this evolving debate, the bail reform movement was born. And on April 30, 2026, the California Supreme Court gave the bail reform movement the fortification it needed.

In the closely watched case In re Kowalczyk, the California Supreme Court unanimously affirmed constitutional limits on pretrial detention and expanded on earlier rulings that challenged wealth-based incarceration. The decision is already being viewed as one of the most significant state court rulings on bail and pretrial liberty in recent years — with possible implications far beyond California.

Guest – Carson White is a supervising attorney at Civil Rights Corps, where she raises systemic challenges to the criminalization of poverty. She currently leads CRC’s California Writ Project, which trains public defenders statewide and has litigated hundreds of pretrial habeas petitions raising the issues ultimately decided by In re Kowalczyk. Carson is a graduate of Stanford Law School and the University of Texas at Austin.

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Law and Disorder May 25, 2026

Guilty of Genocide

For decades, activists in the United States have argued that racial violence, political repression, and systemic inequality are not simply domestic issues. They’re also violations of international human rights law. A new collection, Guilty of Genocide, revisits that argument through the lens of the 2021 International Tribunal on U.S. Human Rights Abuses Against Black, Brown, and Indigenous Peoples. The book gathers testimony, legal analysis, poetry, artwork, and organizing documents from a landmark people’s tribunal convened by the Spirit of Mandela Coalition.

After hearing testimony on policing, incarceration, political prisoners, environmental racism, and colonialism, an international panel of jurists delivered a sweeping verdict finding the United States guilty of multiple human rights abuses.

Guest – Matt Meyer an internationally recognized peace educator, author, and activist. He was nominated for the 2026 Nobel Peace Prize alongside the International Peace Research Association in recognition of his lifelong commitment to nonviolence and global peace education. Author of more than a dozen books, including Guns and Gandhi in Africa, Matt has played a major role in building international peace studies and justice networks across Africa, Latin America, Asia, Europe, and North America.

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A Look Back At The Inception Of New York City’s Panopticon

When Law and Disorder first interviewed privacy activist Bill Brown in 2005, the landscape of surveillance in New York City — and across the United States — was already alarming. Bill was warning us about hundreds of NYPD cameras going up in Brooklyn, federal Homeland Security dollars flooding into local surveillance infrastructure, and the proposed “ring of steel” around lower Manhattan modeled on London’s vast camera network. What seemed like a dire warning then looks almost quaint today.

In the years since, mass surveillance has expanded in ways that would have been difficult to imagine. Amazon’s RING doorbell cameras, now installed on tens of millions of private homes, have become a vast, crowd-sourced surveillance network — with police departments across the country routinely requesting footage from residents, sometimes without a warrant. Meanwhile, a newer and perhaps even more insidious technology has taken hold: FLOCK Safety cameras, license plate readers now deployed in thousands of communities, logging the movements of ordinary Americans going about their daily lives and making that data available to law enforcement across jurisdictions. Add to this the explosion of facial recognition technology, social media monitoring, and AI-driven predictive policing tools, and the surveillance state Bill Brown cautioned us about has arrived in full force.

But Americans are pushing back. Civil liberties organizations including the ACLU have won outright bans on government use of facial recognition in cities including San Francisco, Boston, and Portland. Community organizers have successfully blocked FLOCK camera contracts in several cities after exposing how the data is shared and retained. And a growing movement of digital rights advocates, tenant organizations, and privacy activists continues to fight surveillance expansion at the local, state, and federal level — carrying on exactly the kind of work Bill Brown was urging listeners to take up all those years ago.

Since 2006, New York City’s surveillance infrastructure has evolved from a fragmented network of video cameras. It’s now an integrated, intelligence-driven system powered by the Domain Awareness System (DAS) and advanced biometric tools. The NYPD’s intelligence and counterterrorism budget quadrupled from $83 million in 2006 to $349 million in 2021, enabling the deployment of technologies originally designed for counterterrorism to monitor routine street crime and protests. These include facial recognition software, license plate readers, and mobile X-ray vans.

The scale of physical surveillance has expanded dramatically. By 2021, Amnesty International estimated more than 15,000 police cameras in Manhattan, the Bronx, and Brooklyn alone, up from roughly 2,400 visible cameras in Manhattan in 1998. This network is further augmented by cellphone surveillance tools like Stingray trackers and cell tower dumps. Those allow police to identify individuals at protests or public gatherings without warrants.

This evolution has created a surveillance state that disproportionately impacts communities of color. There’s a well-documented correlation between surveillance density and higher rates of stop-and-frisk incidents in minority neighborhoods. Police maintain that these tools are essential for solving crimes and preventing attacks — but the lack of public oversight and the use of data scraped from social media have intensified debates over privacy rights and racial bias in policing.

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Law and Disorder April 13, 2026

 

With God On Our Side: One Man’s War Against an Evangelical Coup in America’s Military

Pete Hegseth, the defense secretary and an Evangelical Christian, has explicitly framed the Iran war through the lens of his religious faith, weaving scripture into his remarks, praying for “overwhelming violence” against his enemies and insisting that God stands with the U.S. against Iran, a Muslim-majority nation of some 90 million people. The ex-Fox News host has long worn his faith on his sleeve — and on his flesh. He has a large Jerusalem cross tattooed on his chest and the words “Deus Vult,” a rallying cry used by the Crusaders, which means “God wills it,” are inked on his arm. In his 2020 book American Crusade, Hegseth rejected the principle of separation of church and called it “leftist folklore.” At a prayer breakfast on Feb. 6, he said that the U.S. “remains a Christian nation in our DNA, if we can keep it.”

Hegseth told CBS News on March 6: “The providence of our almighty God is there protecting those troops.” When asked if he views the conflict in a religious context, Hegseth responded: “I’m a man of faith, who encourages our troops to lean into their faith.” During a press briefing on the war four days later, he quoted Psalm 144, stating, “Blessed be the Lord, my rock, who trains my hands for war and my fingers for battle.” Last week, while hosting a Pentagon prayer service, Hegseth implored God to: “Let every round find its mark against the enemies of righteousness and our great nation” and asked that “wicked souls be delivered to the eternal damnation prepared for them.”

Guest – Mikey Weinstein has been described by Harper’s magazine as “the constitutional conscience of the U.S. military, a man determined to force accountability.” Mikey’s family has a long and distinguished U.S. military history spanning three consecutive generations of military academy graduates and over 130 years of combined active duty military service. Mikey is a lawyer and a 1977 Honor Graduate of the United States Air Force Academy.

A registered Republican, Mikey spent over three years working for the Reagan Administration as legal counsel in the White House. In 2006, he founded the Military Religious Freedom Foundation (MRFF) to battle the influence of far-right militant radical evangelical religious fundamentalists in the US military.He’s the author of two books “With God On Our Side: One Man’s War Against an Evangelical Coup in America’s Military” and “No Snowflake in an Avalanche: The Military Religious Freedom Foundation, its Battle to Defend the Constitution, and One Family’s Courageous War Against Religious Extremism in High Places.”

In 2011, Americans United for the Separation of Church and State presented Mikey with AU’s first ever Person of the Year Award, calling him “the leading voice protecting church-state separation in the military.” In December 2012, Defense News named Mikey one of the 100 Most Influential People in U.S. Defense. He was also named one of the 50 most influential Jews in America by the Forward, one of the nation’s preeminent Jewish publications. Not unexpectedly, Mikey has been reviled by the radical fundamentalist Christian far-right, which has called him “Satan”, “Satan’s lawyer”, “the Antichrist”, “That Godless, Secular Leftist”, “Antagonizer of All Christians”, “Most Dangerous Man in America” and “Field General of the Godless Armies of Satan.”

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We Need More ‘Muckrakers and Fewer Buck-Takers

There was a time when journalism didn’t just report the news—it changed the country. It broke monopolies, exposed corruption, and forced presidents to act. Today, with public trust in media at historic lows, that kind of reporting can feel like a relic. But what if the real story isn’t that it’s gone—but that we’ve stopped supporting it?  Media scholar and activist Mickey Huff has just written a provocative call to action titled We Need More ‘Muckrakers and Fewer Buck-Takers. It’s a phrase rooted in the legacy of Carl Jensen, who believed journalism should serve the public—not profits—and who spent decades exposing the stories corporate media ignored.

At a moment when misinformation spreads faster than truth and corporate consolidation shapes what we see and don’t see, this conversation asks something deeper: What kind of media system does democracy require—and what role do we play in rebuilding it?

Guest – Mickey Huff is the director of Project Censored and president of the Media Freedom Foundation, where he has co-edited its annual Censored book series since 2009. In 2024, he joined Ithaca College as a Professor of Journalism and the Distinguished Director of the Park Center for Independent Media. Through these roles, he leads efforts in critical media literacy, independent journalism, and the production of the weekly syndicated Project Censored Show. Park Center For Independent Media

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Law and Disorder March 16, 2026

 

Stop and Frisk Policing Considered Despite Federal Court Ruling It Unconstitutional

In the years after the September 11 attacks, New York City became the epicenter of one of the most controversial policing practices in modern U.S. history: stop-and-frisk. Under the policy, police stopped millions of people on the street, questioning and searching them without warrants. The overwhelming majority of those stopped were Black and Latino New Yorkers, and most were never charged with any crime.

After years of litigation and community organizing, a federal court in 2013 ruled that the NYPD’s stop-and-frisk program was unconstitutional and ordered sweeping reforms. The decision marked one of the most significant victories for police accountability in the country and led to a sharp decline in stops. Now, more than a decade later, the city’s new police commissioner, Jessica Tisch, has signaled a renewed emphasis on aggressive street policing.

Guest – Jonathan Moore is a civil rights attorney and a partner at the law firm Beldock Levine & Hoffman and one of New York’s leading litigators challenging unconstitutional policing. Jonathan served as co-lead trial counsel in Floyd v. City of New York, the landmark stop-and-frisk case. He has also represented four of the five men wrongfully convicted, and then exonerated, in the Central Park jogger attack, helping expose one of the most notorious miscarriages of justice in modern New York history.

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The Future of Free Speech: Reversing the Global Decline of Democracy’s Most Essential Freedom

Today, anyone who cares about freedom of expression needs to face a stark truth: the right to speak freely is under siege. Once celebrated as a cornerstone of democratic societies, free expression is now met with growing suspicion and retaliation across the globe. Over the last century, speech rights expanded dramatically?including postwar democratic revolutions and the sweeping protections of the First Amendment in the United States?only to find those rights unraveling in the face of new political, technological, and cultural pressures in the US and around the world.

Today, liberal democracies are imposing speech controls, authoritarian regimes are cloaking censorship in democratic language, and digital platforms wield unprecedented power over global discourse. There is a concerted backlash against free speech from all sides: governments criminalizing dissent in the name of national security; lawmakers and activists demanding tighter controls on misinformation, hate speech, and offensive content; and AI systems removing speech at a scale and speed that dwarfs historical forms of censorship. At the same time, faith in free speech itself is waning, even in the very societies that once championed it.

In their new book which will be published next month, The Future of Free Speech: Reversing the Global Decline of Democracy’s Most Essential Freedom, Jacob Mchangama and Jeff Kosseff present a panoramic view of how we arrived at this pivotal moment and how free speech can meet modern challenges without abandoning its foundational role in sustaining democracy, human rights, and shared understanding.

Guest – Jacob Mchangama, is one of the co-authors of The Future of Free Speech, founder and Executive Director of the non-profit organization, The Future of Free Speech. He is a research professor at Vanderbilt University and a Senior Fellow at The Foundation for Individual Rights and Expression (FIRE). In 2018, he was a visiting scholar at Columbia’s Global Freedom of Expression Center. Jacob has commented extensively on free speech and human rights in outlets including the Washington Post, the Wall Street Journal, The Economist, Foreign Affairs, and Foreign Policy. Jacob has published in academic and peer-reviewed journals, including Human Rights Quarterly, Policy Review, and Amnesty International’s Strategic Studies. He is the producer and narrator of the podcast Clear and Present Danger: A History of Free Speech. He is also the author of the critically acclaimed book Free Speech: A History From Socrates to Social Media, published by Basic Books in 2022, which I had the pleasure of reviewing – quite favorably I might add – for Los Angeles Review of Books.

 

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Law and Disorder March 2, 2026

 

Privacy’s Defender: My Thirty-Year Fight Against Digital Surveillance

Civil liberties attorney Cindy Cohn is widely recognized as one of the leading voices on digital freedom in the United States. As she prepares to step down as executive director of the Electronic Frontier Foundation, or EFF, she leaves behind a 25-year legacy at the forefront of the fight for online rights. Over the years, she has helped shape some of the most important debates around encryption, government surveillance, and freedom on the internet.

Cohn first rose to national prominence in the 1990s as lead counsel for the EFF and PhD student Daniel Bernstein in Bernstein v. Department of Justice. That was the landmark case establishing that computer code is protected speech under the First Amendment. During the height of the so-called “crypto wars,” that decision helped free encryption from government control and shaped the security of the modern internet.

As legal director, and then as executive director, at EFF, Cindy has led major legal challenges to NSA mass surveillance. She as defended independent security researchers, fought government overreach justified in the name of national security, and pushed back against expanding corporate data collection. A central voice at the intersection of law and technology she has shaped debates over encryption, privacy, online speech, and civil liberties in the digital age. Her new book, Privacy’s Defender, published by MIT Press, reflects on those battles and what comes next.

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Furious Minds: The Making of the MAGA New Right

By all that is right and just, we will be rid of Donald J. Trump as President of the United States on January 20, 2029. But we will not be rid of the tremendous damage he is causing to our country. And we will not be rid of the cruel, populist, racist, White Christian, patriarchal, and nationalist MAGA New Right ideology that now dominates the Republican Party. Even after Trump decamps to Mar-a-Largo, MAGA will continue to pose an existential threat to our constitutional democracy.

We need to fully understand that there is an extensive, well-financed ideological structure made up of think tanks, publications, university institutes, and PhDs, that provide an intellectual patina to this dangerous movement. Unless the pro-democracy resistance exposes and dismantles the MAGA New Right, it will find replacements for Trump and will continue to wreck havoc, destroying the lives of people in the United States and around the world.

Guest – Laura K. Field is the author of the revealing new book Furious Minds: The Making of the MAGA New Right. Field holds a PhD in government from the University of Texas at Austin, and has written for The New Republic, Politico, and The Bulwark. Field’s exposure of the ideological foundations of the MAGA New Right is based on copious research and her own experiences while she was embedded in that movement. She says she is grateful she “extracted” herself from that world as she saw how untethered the mostly privileged male purveyors of MAGA’s dangerous tenets are from the everyday struggles of real people. She realized how dedicated they are to eliminating the hard-fought advances our pluralistic society has won based on the values of equality, compassion, and justice.

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