Volokh Conspiracy
Legal analysis and commentary blog covering constitutional law, free speech, and legal policy.
Articles from Volokh Conspiracy
Federal Judge Rules Border Search of Lawyer’s Phone Likely Retaliation
A federal judge found that seizing an immigration lawyer’s phone at the border likely violated First Amendment rights, raising important privacy and attorney protections.
Supreme Court to review Trump’s ‘invasion’ order on border migration
The Supreme Court will hear a case challenging Trump’s Proclamation 10888 on border migration, impacting executive power and asylum law.
Cato Institute Challenges Trump’s 50% Tariffs on Canadian Imports
The Cato Institute filed an amicus brief arguing that Trump’s Section 338 tariffs on Canada breach statutory and constitutional law, impacting U.S.-Canada trade policy.
Arkansas Supreme Court Revives Cases Barred by Statute of Limitations
Arkansas Supreme Court overturns 1846 precedent, allowing revival of cases time-barred under state law, changing litigation landscape for sexual abuse claims and beyond.
Judge Richard Posner, Law and Economics Pioneer, Dies at 87
Legal scholar and Seventh Circuit Judge Richard Posner died at 87, known for pioneering law and economics and shaping federal appellate law.
Court Allows Prosecution Over Threats Sent to ICE Officer’s Family
A U.S. court ruled that criminal charges can proceed against a defendant who threatened an ICE officer's children via messages sent to the officer's wife, underscoring limits on free speech regardi...
Federal Court Finds TikTok Creator Liable for Online Harassment Campaign
A federal court ruled TikTok influencer Danesh Noshirvan liable for inciting harassment against a plastic surgery clinic, clarifying legal risks for social media incitement.
Judge Allows Trump's Defamation Lawsuit Against BBC to Proceed in Florida
A Florida judge lets Trump's $10B defamation suit against BBC move forward over allegedly edited January 6 footage, with key depositions set.
Federal Court Allows Disability Claims in University of Michigan AI Misconduct Case
A federal court permits disability discrimination claims against University of Michigan over AI misconduct ruling, emphasizing ADA compliance in academia.
California Appeals Court Dismisses School Districts' Social Media Liability Claims
The California Court of Appeal rejects negligence and nuisance claims against Meta, TikTok, Snap, and YouTube by four school districts over student mental health.
Rep. Massie files impeachment articles against Defense Secretary Pete Hegseth
Rep. Thomas Massie introduces eight impeachment articles against Defense Secretary Pete Hegseth over Iran war policy and alleged misconduct amid partisan division.
Court Dismisses Colorado Regent Wanda James's Lawsuit Over Cannabis, Race Dispute
Federal judge dismisses Wanda James's lawsuit against CU regents citing legislative immunity in a high-profile case involving race and cannabis issues.
Court Upholds Prosecution Over Threat Against AFT President Weingarten
Federal court rejects dismissal in case prosecuting threats against American Federation of Teachers President Randi Weingarten, affirming limits on threatening speech.
Arkansas Supreme Court Probes Bar Exam Score Tampering by Official
Arkansas Supreme Court investigates allegations that a former official manipulated bar exam scores, raising concerns about exam integrity.
Judge Allows Discovery into DOJ’s Prosecution of Smartmatic's Parent Company
U.S. District Judge Williams permits discovery into DOJ’s prosecution tactics in Smartmatic's parent company case, probing potential vindictive motives amid political fallout.
Federal Judge Upholds City's Use of Meta's Moderation Assist on Facebook
A federal judge ruled the City of Poway's use of Meta's Moderation Assist tool on Facebook comments does not violate First Amendment rights, clarifying government social media moderation limits.
Supreme Court Rejects DOJ Bid to Discard 20,000 California Ballots
The Supreme Court denied DOJ's request to exclude over 20,000 California ballots amid election disputes, signaling judicial restraint in election interference.
Fifth Circuit to Rehear if Section 230 Blocks Texas Social Media Rules
The Fifth Circuit granted en banc rehearing on whether Section 230 preempts Texas social media regulations impacting platform liability and state authority.
Judge Rules Rhode Island Fired Staffer Over Free Speech Violation
Federal judge finds Rhode Island governor's office violated First Amendment in firing staffer over pro-Gaza social media post, spotlighting public employee speech rights.
Federal Court Rejects Trump DOJ Suit to Block Alaska Senate Certification
A federal judge dismissed the Trump DOJ's Nov 1 lawsuit challenging Alaska's ranked-choice Senate election results over voter confusion claims.