Volokh Conspiracy
Legal analysis and commentary blog covering constitutional law, free speech, and legal policy.
Articles from Volokh Conspiracy
Trump Threatens Tariffs on Canada Over Wildfires, Raising Trade Concerns
Trump threatens tariffs on Canada citing wildfire impact, but legal experts say such action likely violates USMCA and WTO rules, escalating trade tensions.
Judge Blocks South Dakota Ban on Abortion Information Ads
A federal judge halts South Dakota's law banning abortion pill ad info, safeguarding First Amendment rights amid state abortion restrictions.
Judge Criticizes DOJ Lawyer for AI-Hallucinated Fake Case Citation
Judge Hala Jarbou faulted DOJ counsel for citing a non-existent case likely generated by AI in immigration litigation.
Federal Court Upholds Trans-Inclusive Bathroom Policy in Illinois School
A federal court dismissed constitutional challenges to a transgender bathroom policy in an Illinois school, affirming rights protections.
Illinois Court Sends Political Defamation Case to Jury Over Actual Malice
Illinois appellate court allows a defamation case between political rivals to proceed to jury on actual malice, shaping standards for political speech cases.
California court says lawyers must verify AI-generated briefs themselves
California Court of Appeal rules attorneys—not paralegals—are responsible for checking AI-generated legal briefs for accuracy and ethics.
Florida Lawyer Sabatini Slammed for AI Hallucinations in Court Briefs
Florida attorney Anthony F. Sabatini criticized for submitting legal briefs with AI-generated fake citations, highlighting risks of unverified AI use in law.
Illinois Court: Emotional Distress Means More Than $1 in Defamation Cases
Illinois appellate court rules nominal damages insufficient when emotional distress evidence exists in defamation per se cases, refining legal standards for damages.
Federal Judge Upholds Salvation Army’s Methadone Ban in Rehab Centers
A federal judge ruled the Salvation Army can lawfully prohibit methadone in its rehab centers, highlighting First Amendment protections for faith-based organizations.
D.C. Circuit Denies Stay to Restore Trump’s Name at Kennedy Center
Appeals court rejects Kennedy Center’s bid to pause removal of Trump’s name, enforcing earlier ruling amid legal dispute.
Eleventh Circuit Strikes Down Florida's 'Stop W.O.K.E. Act' Speech Limits
Eleventh Circuit rules Florida's 2022 Stop W.O.K.E. Act unconstitutional for restricting university professors' speech on race and gender.
Bakersfield College Settles DEI Enforcement Dispute with Professor
Bakersfield College settles with Professor Daymon Johnson, halting DEI enforcement and paying $150K in legal fees, setting a legal precedent in California.
Judge Allows Trump’s $15B Libel Suit vs. NY Times, Penguin to Proceed in Florida
U.S. District Judge rules Trump’s $15 billion defamation case against NY Times and Penguin Random House will proceed in Florida, shaping venue strategies in major libel cases.
Georgia Appeals Court Dismisses Libel Suit Over ICE Hysterectomy Broadcast
Georgia appeals court rejects Dr. Amin's defamation claim against Sinclair over ICE detainee hysterectomy report, highlighting media ID requirements.
Seventh Circuit Restores Gun Rights for Those with Past Mental Commitments
The Seventh Circuit ruled that individuals previously committed to mental institutions may regain Second Amendment rights, reshaping gun law enforcement.
Third Circuit Revives Huckabee's False Ad Lawsuit Against Meta
The Third Circuit reinstates Mike Huckabee’s false advertising suit versus Meta over CBD endorsement ads, signaling heightened scrutiny of big tech's ad practices.
SCOTUS Upholds Birthright Citizenship in 6-3 Trump v. Barbara Ruling
Supreme Court affirms Fourteenth Amendment guarantees birthright citizenship despite political challenges, impacting immigration law and policy.
Judge Grants Summary Judgment to Dismiss Trump Media Group Defamation Suit
A federal judge dismissed Trump Media Group's defamation suit against the Washington Post via summary judgment, underscoring high actual malice standards for public figures.
Courts Uphold Federal Power to Hold Local Governments Liable Under ESA
Recent court rulings affirm federal authority to hold local governments liable under the Endangered Species Act, impacting environmental compliance and federalism debates.
States Enact New Death Penalty Laws Challenging Kennedy v. Louisiana
Florida, Alabama, and Mississippi enact death penalty laws for child rape, prompting Supreme Court precedent debate from 2008 Kennedy case.