Artificial Intelligence, Civil Liberties, Civil Rights, Freedom Of Speech, Human Rights, Right To Dissent, Surveillance
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Exceptional Hatred: Antisemitism And The Fight Over Free Speech In Modern America
Today in America, “we proclaim our commitment to fighting hatred while applying it selectively. We champion free speech until confronted with speech we despise – and minimize the claims of those wounded by words.” American democracy “stands at a precipice, besieged by authoritarian politics, resurgent nativism, and populist demagoguery. These forces, once relegated to history, now threaten our pluralistic society and its defining commitments to freedom and equality.” Those chilling words are from the brand new book Exceptional Hatred: Antisemitism And The Fight Over Free Speech In Modern America by James Loeffler.
Guest – Professor James Loeffler is the Felix Posen Professor of Modern Jewish History at Johns Hopkins University, and Kogod Senior Research Fellow at the Shalom Hartman Institute of North America. He writes widely on modern Jewish history from antisemitism to Zionism, with a focus on the overlooked ties between the Jewish past and the global present in politics, law, and culture. His writing has appeared in The Atlantic, The New York Times, The Washington Post, The Wall Street Journal, and The New Republic.
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Digital Privacy Laws Lag Far Behind Evolving Modern Communication
The 15th anniversary of Occupy Wall Street has just passed, when protesters occupied Zuccotti Park NYC and sparked a global movement. Occupy also attracted significant government surveillance. Documents later obtained through FOIA showed that the Department of Homeland Security monitored the movement and circulated intelligence to the private sector about Occupy activists and protests. That history raises a question that goes well beyond protest movements: How do lawyers protect confidential communications in a world where so much of their work is digital? Confidentiality handle information that can affect a client’s freedom, finances, safety, and legal strategy. Yet many lawyers aren’t trained to think about the technology they use in terms of protecting that confidentiality.
Guest – Jonathan Stribling-Uss, is a New York City lawyer and digital security consultant. He founded and directs Constitutional Communications, an organization that supports non-profits specializing in information security for professionals and civil society groups. Jonathan previously served as a Mozilla and Ford Foundation Media and Democracy Fund Technologist Fellow at the New York Civil Liberties Union. He has trained hundreds of attorneys in cybersecurity and ethics through organizations including the New York County Lawyers Association and the American Bar Association. https://privacytools.io/
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CIA Sponsored Terror, Civil Liberties, Civil Rights, Cuba, Freedom Of Speech, Habeas Corpus, Human Rights, Targeting Muslims, Torture, War Resister
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Moving The Bar: My Life As A Radical Lawyer
Hosts Heidi Boghosian and Michael Smith interviewed some of Michael Ratner’s closest friends and colleagues as part of a special broadcast highlighting Michael Ratner’s legal work and mentorship. The special also marked the upcoming release of Michael Ratner’s autobiography Moving The Bar: My Life As A Radical Lawyer published by OR Books. In this one hour taken from the two hour fundraiser broadcast, we hear from attorneys including Eleanor Stein, Richard Levy, Ray Brescia, David Cole and Baher Azmy.
Michael Ratner’s pathbreaking legal and political work is unmatched. He provided crucial support for the Cuban Revolution and won the seminal case in the Supreme Court guaranteeing the right of habeas corpus to Guantanamo detainees. Michael also challenged U.S. policy in Iraq, Haiti, Nicaragua, Guatemala, Puerto Rico and Israel-Palestine. This book is a testament to his unflagging efforts on behalf of the poor and oppressed around the world.
– Marjorie Cohn, Professor Emerita, Thomas Jefferson School of Law
Michael Ratner personified lawyering that brought both radical and human values into challenges to the use of governmental power to violate the essence of the Bill of Rights. From the torture of prisoners after 911 to the massive racial profiling by the New York Police Department, Michael’s voice and vision continue to resonate. This book provides a powerful testament to the spirit of this extraordinary man.
– Attorney Bill Goodman
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Civil Liberties, Civil Rights, Cuba, Freedom Of Speech, Gaza, genocide, Right To Dissent
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Cuba: The Capital of 21st Century Communism
On July 20th, Secretary of State Marco Rubio and the State Department released a 100-page McCarthyite propaganda report. It is a document that seeks to serve as the ideological justification for an escalating assault on Cuba, the Cuba solidarity movement and all political dissent on the left. The report casts a wide net of unfounded accusations, maliciously painting over 40 left-leaning social movement organizations and individuals as purported Cuban “front groups” while employing guilt-by-association tactics to smear even elected officials such as New York Mayor Zohran Mamdani and Los Angeles Mayor Karen Bass.
Among the organizations cited is the National Lawyers Guild, an association of attorneys, law students and legal workers, of which all of the hosts here on Law and Disorder are members. It goes so far as to cite reports from the long-discredited House Un-American Activities Committee, reviving Cold War conspiracy theories from the 1950s and repackaging them for the present.
As our guest today writes, “These accusations are not meant to be rational. They, like the charges that our elections are manipulated, are transparent excuses to go after institutions and individuals that are seen as threatening Trump and the Republican Party’s absolute grip on power.”
Guest – Chris Hedges is a Pulitzer Prize winning journalist and author, and the former Middle East correspondent for the New York Times. Among his more than a dozen books are American Fascism: The Christian Right and the War on America; The Greatest Evil Is War; and A Genocide Foretold: Reporting on Survival and Resistance in Occupied Palestine. Chris Hedges is also one of the contributors to the book titled From the Flag to the Cross: Fascism American Style, a book composed of summaries of interviews with guests here on the Law and Disorder radio show, and available for purchase at O/R Books.
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Khalil v Trump
Mahmood Khalil, a recent Columbia University graduate and legal permanent resident has sued senior Trump administration officials and private anti-Palestinian groups for conspiring to target, detain, and attempt to deport him because of his identity and his advocacy for Palestinian rights. He is represented by the Center for Constitutional Rights and the law firm of Beldock, Levine and Hoffman.
The lawsuit argues that government officials and private actors, including the Heritage Foundation, Betar and Canary Mission violated the Ku Klux Klan Act of 1871 and the US Constitution when they coordinated to suppress political speech and support of Palestinian rights through the weaponization of immigration enforcement and baseless, pretrial accusations of terrorism and antisemitism.
Mahmoud‘s arrest, detention, and attempted deportation were part of a broader strategy to criminalized solidarity, chill speech and make an example of those who speak out against the subjugation of Palestinians. This case is about more than one person or one freedom movement. Is about whether government power can be weaponized by private actors to target human rights defenders and strip people of their constitutional rights.
Guest – New York attorney Adina Marx-Arpadi is a justice fellow at the Center for Constitutional Rights ( CCR). She graduated.CUNY law school and worked at Bronx Defenders.
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Civil Liberties, Civil Rights, Freedom Of Speech, Human Rights
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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Civil Liberties, Civil Rights, Freedom Of Speech, Gaza, genocide, Human Rights, Targeting Muslims, U.S. Militarism, Violations of U.S. and International Law, War Resister
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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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Civil Liberties, Civil Rights, Freedom Of Speech, Gaza, genocide, Human Rights, NSA Spying, Right To Dissent, U.S. Militarism, Violations of U.S. and International Law, War Resister
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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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