David D. Cole

Hon. George J. Mitchell Professor in Law and Public Policy

Constitutional LawCriminal JusticeFirst AmendmentNational Security Law

David D. Cole is the Hon. George J. Mitchell Professor in Law and Public Policy at Georgetown University Law Center, where he has taught constitutional law and criminal justice since 1990. He served as the National Legal Director of the ACLU from 2016 to 2024, and has litigated major Supreme Court cases including Texas v. Johnson and United States v. Eichman, which extended First Amendment protection to flag burning. He is the legal affairs correspondent for The Nation and a regular contributor to The New York Review of Books. The late Anthony Lewis called him one of the country's great legal voices for civil liberties.

Teaching Style

Professor Cole brings decades of Supreme Court litigation experience into the classroom, using the Socratic method to push students to think like advocates. He cold-calls methodically and expects precise doctrinal analysis, often asking students to argue both sides of constitutional questions. His classes are intellectually rigorous, drawing on real cases he has litigated to illustrate how constitutional doctrine operates in practice.

Cold Call Tips

  1. 1Know the key precedents on free speech and criminal procedure inside and out
  2. 2Be prepared to discuss how civil liberties claims interact with national security arguments
  3. 3Read his New York Review of Books pieces for insight into how he frames constitutional issues for broader audiences
  4. 4Practice articulating clear, concise legal arguments, as he values precision in oral analysis

Areas of Expertise

Civil liberties and national securityFirst Amendment lawConstitutional criminal procedureImmigration and civil rightsGovernment surveillance

Education

  • J.D., Yale Law School
  • B.A., Yale College (magna cum laude)

Notable Publications

  • Engines of Liberty: The Power of Citizen Activists to Make Constitutional Law
  • Less Safe, Less Free: Why America Is Losing the War on Terror (with Jules Lobel)
  • No Equal Justice: Race and Class in the American Criminal Justice System

Research Interests

Civil liberties in times of crisis and national securityFirst Amendment theory and free speech doctrineRacial and class disparities in criminal justiceGovernment surveillance and privacy rightsImmigration law and the rights of noncitizens

More Professors at Georgetown University Law Center

Prepare for David D. Cole's Class

Use Gunner Mode to practice cold calls, get AI case briefs for assigned readings, and build flashcards. 3-day free trial, then $9.99/month.

Explore More Study Resources