Volokh Conspiracy
Legal analysis and commentary blog covering constitutional law, free speech, and legal policy.
Articles from Volokh Conspiracy
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.
ExhibitAI.Info Launches to Track U.S. AI Litigation on Product Harms
ExhibitAI.Info offers a centralized platform tracking AI product liability lawsuits across the U.S., aiding legal professionals in monitoring AI litigation trends.
Log Cabin Republicans End Transgender Advocacy to Focus on LGB Rights
The Log Cabin Republicans voted on August 20, 2026, to stop transgender advocacy, shifting legal and policy dynamics around LGBTQ rights.
Delaware Judge Highlights Counsel’s Integrity in Patent Suit Ruling
Judge Jennifer Choe-Groves praised counsel’s candor and responsibility in the August 2026 patent case Disruptive Resources v. Ballistic Barrier.
DOJ Allows Firearms for Self-Defense in Post Offices, Says New Memo
DOJ Office of Legal Counsel says federal law permits carrying firearms in post offices for self-defense, impacting workplace safety and compliance policies.
Dozens of 2026 Federal Appeals Opinions Show Signs of AI Drafting
Research shows at least 27 U.S. federal appellate opinions from 2026 with signs of AI-generated text, raising transparency and ethical questions.
Judge Dismisses 7 Claims in Ben & Jerry’s Lawsuit Against Unilever
Judge Castel dismisses majority of Ben & Jerry’s suit over Unilever merger, limiting enforcement of social mission clauses in corporate contracts.
8th Circuit Blocks Minnesota Law Restricting Speech on Felon Voting Rights
The 8th Circuit granted a preliminary injunction against Minnesota's law punishing speech about felon voting eligibility, citing First Amendment protections.
Fourth Circuit Rules SC Can't Limit No-Excuse Absentee Ballots by Age
On August 19, 2026, the Fourth Circuit struck down South Carolina's age limit on no-excuse absentee ballots, impacting election law and voter access.