Volokh Conspiracy
Legal analysis and commentary blog covering constitutional law, free speech, and legal policy.
Articles from Volokh Conspiracy
Supreme Court Quickly Stays Third-Country Removal Injunction After Reply
The Supreme Court halted a removal injunction 40 minutes after the government reply brief, impacting immigration litigation timing for legal teams.
Ninth Circuit Dissent Challenges Bruen Footnote 9 Interpretation in Gun Case
A Ninth Circuit dissent argues Footnote 9 of Bruen should not allow exceptions from text and history in Second Amendment cases, impacting gun law analysis.
Eleventh Circuit Upholds Ban on Calling Trump-IRS Deal a ‘Settlement’
Eleventh Circuit affirms ban on using 'settlement' to describe Trump-IRS agreement in official proceedings, highlighting judicial speech limits.
Supreme Court Blocks Missouri's GOP-Favored Congressional Map Again
New analysis highlights legal risks and electoral chaos from Missouri's blocked congressional map ruling, impacting election law and policy.
Federal Judge Dismisses Music Teacher's Defamation Suit Against StopAntisemitism
U.S. District Judge Adrienne Nelson dismissed a defamation suit against StopAntisemitism, emphasizing First Amendment protections for online activism speech.
DC Circuit Reverses District Court, Upholds Pentagon's Anthropic Risk Label
DC Circuit affirms Pentagon’s designation of Anthropic as a supply chain risk, impacting defense contracting and AI compliance.
Court Mostly Dismisses Pennsylvania Sen. Mastriano’s Lawsuit Over Ph.D.
Federal court dismisses most claims in Sen. Mastriano’s lawsuit over alleged academic inaccuracies but allows a false light privacy claim to proceed.
Court Orders White House to Reinstate CNN, MSNBC, Politico Passes
Judge Kelly orders White House to reinstate press passes for CNN, MSNBC, and Politico, affirming First Amendment and due process rights.
D.C. Circuit Confirms White House Press Access Is a Privilege, Not a Right
On Sept 24, 2026, the D.C. Circuit ruled that White House press access is a privilege, not a First Amendment right, affecting media credential policies.
Idaho Court Upholds $1.1M Libel Award to Drag Performer Eric Posey
The Idaho Supreme Court upheld a $1.1 million libel award to drag performer Eric Posey over false genitalia-flashing claims, impacting defamation law and free speech.
D.C. Circuit Rules Sept. 22 Against Protest Sponsor Limits on Capitol Steps
The D.C. Circuit struck down congressional sponsorship limits on protests at the Capitol steps.
US Court Bars 4chan, Kiwi Farms Suits Against UK Ofcom Over Online Safety Act
US court dismisses 4chan and Kiwi Farms' lawsuit against UK regulator Ofcom for lack of jurisdiction, underscoring limits on cross-border internet litigation.
CNN, MSNBC, and Politico Sue White House Over Reporter Ban
CNN, MSNBC, and Politico filed a First Amendment lawsuit against the White House over banned reporters, raising key issues about press freedom and government transparency.
Judge Rules Threats to Kill Jews and Zionists Are Federal Offenses
Federal court rules general threats against Jews and Zionists are punishable under 18 U.S.C. § 875(c), reinforcing hate speech laws.
Florida Court Threatens Sanctions Over AI-Generated Legal Filings
Florida appeals court criticizes AI-generated legal filings in Lisandrillo v. Palozzi, warning attorneys may face sanctions for inadequate AI use.
Second Circuit Upholds Suspicionless Border Cell Phone Searches
The Second Circuit ruled that border agents can search travelers' cell phones without suspicion, deepening legal debates on digital privacy and the Fourth Amendment.
5th Circuit to Rehear Key Federal Felon Firearm Cases En Banc
The 5th Circuit Court will rehear en banc United States v. Squire and United States v. Luna, addressing constitutional limits on federal felon firearm possession laws.
Federal Judge Refers Philadelphia DA Krasner for Potential Prosecution
Judge Paul Diamond refers Philadelphia DA Larry Krasner to DOJ over alleged unethical conduct in criminal case handling in 2026.
Eighth Circuit Allows Doctor’s Lawsuit Over Medical Board’s COVID Probes
The Eighth Circuit ruled Dr. Scott Jensen can sue Minnesota’s medical board over investigations linked to his COVID-19 speech, clarifying First Amendment protections for doctors.
Sept. 14, 2026: Supreme Court Blocks Trump-Era USPS Mail Voting Rule
On Sept. 14, 2026, the Supreme Court blocked Trump administration USPS mail-in voting rules, preserving current ballot procedures ahead of midterms.