Volokh Conspiracy
Legal analysis and commentary blog covering constitutional law, free speech, and legal policy.
Articles from Volokh Conspiracy
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.
Seventh Circuit Blocks Indiana Ban on Informing Minors About Abortions
Seventh Circuit invalidates Indiana law banning informing minors about out-of-state abortion providers, reinforcing First Amendment speech protections in reproductive rights.
Fifth Circuit Strikes Down DOE Appliance Efficiency Rule
The Fifth Circuit invalidates a Biden-era appliance efficiency rule citing procedural APA violations, affecting federal regulatory practices.
ACLU’s Supreme Court bid in Texas Ten Commandments case sparks debate
The ACLU’s petition for Supreme Court review of Texas’s Ten Commandments law raises questions about First Amendment precedent and implications for religious displays in public schools.
Trump Memo Authorizes Private Firms to 'Hack Back' Against Foreign Cyber Threats
President Trump authorized vetted U.S. firms to conduct offensive cyber operations against foreign hackers, raising legal and compliance challenges under CFAA.
Second Circuit Affirms First Amendment Right to Record Police in Public
The Second Circuit rules in Massimino v. Benoit that individuals have a First Amendment right to record police activity in public spaces, supporting law enforcement accountability.
Fifth Circuit Says Congress Controls Citizenship by Descent
In Guerra Quezada v. U.S., the Fifth Circuit affirms Congress's constitutional authority over citizenship by descent, impacting immigration law.
Two Lawsuits Challenge Trump’s New Birthright Citizenship Orders
Two legal challenges filed against Trump’s 2026 executive orders restricting birthright citizenship after Supreme Court blocked earlier attempts.
Delaware Court Lets AI Libel Case Against Google Proceed
A Delaware court denied Google's dismissal request in Robby Starbuck's AI defamation suit involving hallucinated claims by Bard.
Jason Arday Resigns from Cambridge Amid Plagiarism and Fundraising Allegations
Jason Arday, youngest Black professor at Cambridge, resigns amid plagiarism and qualification controversies, raising questions on academia and equity.
Court Awards $200K Libel Damages to Yaacov Apelbaum Over False Spy Claims
A federal court awarded $200K in libel damages to cybersecurity expert Yaacov Apelbaum after false public spy accusations, signaling increased accountability online.
Federal Judge Rules College Violated Student's First Amendment Rights
A federal court rules Horry Georgetown Technical College violated a student's free speech rights by suspending her over social media comments.
Roberts’ judicial approach shapes Supreme Court trajectory amid challenges
Analysis of Chief Justice Roberts’ strategy and philosophy highlights potential impacts on Supreme Court decisions and legal precedents.
Judge Lets Race Bias Suit Against University of Washington Proceed
A federal judge denied the University of Washington's motion to dismiss a race discrimination lawsuit alleging bias against Asian-American applicants in admissions.
Texas Court Invalidates Key Tax Provisions on Suppressors and Short-Barreled Firearms
A Texas federal court struck down tax rules on suppressors and short-barreled firearms under the National Firearms Act, altering compliance obligations.
Judge Allows Defamation Suit Over Political Service Refusal to Proceed
A federal judge allows a defamation lawsuit involving an employee accused of political-motivated service refusal to advance in D.C. court.
Trump Signs New Orders to Block Birthright Citizenship After Court Loss
President Trump issued two executive orders to restrict birthright citizenship and clamp down on birth tourism, challenging the Supreme Court ruling.