Volokh Conspiracy
Legal analysis and commentary blog covering constitutional law, free speech, and legal policy.
Articles from Volokh Conspiracy
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.
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.