Volokh Conspiracy
Legal analysis and commentary blog covering constitutional law, free speech, and legal policy.
Articles from Volokh Conspiracy
Federal Court Lets Libel-by-AI Claim Against Google Move Forward
Judge Durkin denies dismissal of James Keene's defamation suit over Google's AI-generated content, advancing AI liability issues in media law.
Court Upholds $7.8M Verdict for Employees Fired Over COVID-19 Vaccines
A federal court upheld a $7.8M verdict for BART employees fired for religious COVID-19 vaccine refusal, highlighting employer risks and legal precedent.
Federal courts refuse to enforce marijuana contracts despite state laws
Federal courts rule marijuana-related contracts unenforceable due to federal illegality, impacting cannabis businesses' contract risks nationwide.
Justice Kavanaugh Blocks Missouri GOP’s New Map Twice in 48 Hours
Justice Kavanaugh issued emergency stays blocking Missouri GOP’s new congressional map twice, impacting 2026 elections and election law practice.
Supreme Court to Decide Missouri's Contested Redistricting Maps
Missouri's redistricting conflict with contradictory court rulings heads to the Supreme Court, impacting the 2026 midterms and election law precedents.
ABA Repeals DEI Accreditation Standard Amid Federal Scrutiny
The ABA repealed its diversity accreditation standard as the Dept. of Education challenges its recognition, creating uncertainty for law schools.
Six-Justice Supermajority Proposed for Key Supreme Court Decisions
A 2026 SCOTUSblog piece proposes requiring six justices to decide major Supreme Court rulings, reflecting debates on Court legitimacy and power balance.
Supreme Court Sees Record 45 Amicus Briefs in AR-15 Ban Case
The Supreme Court takes on AR-15 bans with 45 amicus briefs filed, signaling a pivotal moment for Second Amendment law and firearm regulation.
NC Court Affirms Jurisdiction Over Alienation Suit vs. Ex-Senator Sinema
A North Carolina court ruled it has jurisdiction over an alienation of affection lawsuit against former Senator Kyrsten Sinema involving her former staffer.
Judge John Cronan Allows Sean Combs' Defamation Case Against NewsNation
Federal judge lets Sean Combs' defamation lawsuit against NewsNation move forward, highlighting media liability risks in high-profile cases.
D.C. Court Flags Lawyer Liability for AI-Generated Fake Citations
D.C. Court of Appeals strikes Deutsche Bank brief over AI-made fake citations, stressing attorney responsibility for verifying AI output.
Eleventh Circuit Rules FCA Relators Aren’t 'Officers of the United States'
The Eleventh Circuit clarified qui tam relators aren’t Officers under the Constitution, impacting whistleblower case strategy under the FCA.
Judge Blocks Both Trump Orders Targeting Birthright Citizenship
A federal judge blocked Trump's August 2026 executive orders restricting birthright citizenship, reaffirming 14th Amendment rights amid ongoing litigation.
Federal Judge Denies Anti-SLAPP Protection for Foreign Speech in Lufthansa Case
Judge Illston rules California anti-SLAPP law doesn't cover foreign speech by non-U.S. persons, impacting cross-border defamation litigation.
San Francisco Judge Strikes Down Trump Policy Punishing Noncitizen Speech
A 2026 federal ruling in San Francisco found a Trump-era policy penalizing noncitizens for protected speech unconstitutional, impacting immigration law.
State Dept. Halts Immigrant Visa Interviews After Court Vacates 75-Country Suspension
Following a federal court vacating a policy suspending immigrant visas for 75 countries, the U.S. State Department pauses visa interviews worldwide pending staff training.
FTC Proposes Rules on Personalized Pricing to Boost Transparency
The FTC unveils a proposed enforcement policy targeting personalized pricing in digital markets, aiming to enhance transparency and protect consumers.
Federal Court Upholds New York's Social Media Disclosure Law
A federal judge dismissed X Corp's lawsuit, affirming New York's law requiring platforms to disclose content moderation policies, impacting compliance risks.
Third Circuit Allows Assault Prosecution of Rep. McIver to Proceed
Third Circuit court denied immunity to Rep. LaMonica McIver, paving the way for her federal assault trial after an incident at an ICE detention center.
Court Limits Schools from Curbing Student Protest Speech
A Florida federal court ruled that schools cannot suppress student protest speech without evidence of disruption, reaffirming First Amendment rights.