Volokh Conspiracy
Legal analysis and commentary blog covering constitutional law, free speech, and legal policy.
Articles from Volokh Conspiracy
Justice Alito’s WSJ Column Sparks New Originalism Debate
Justice Alito’s recent Wall Street Journal column renews debate on originalism, emphasizing a 'populist' constitutional interpretation approach.
Judge Blocks Ed Dept. From Releasing Foreign Donor Names to Colleges
A federal judge blocked the Education Dept. from disclosing foreign donor identities to U.S. colleges, raising privacy and transparency issues.
Justice Alito Discusses Supreme Court Retirement Plans Amid Speculation
Justice Samuel Alito speaks publicly on his Supreme Court retirement considerations, affecting the Court's future ideological balance.
Trump Nominates Todd Butler to 5th Circuit Appeals Court Seat
President Trump nominates Todd Butler to the 5th Circuit Court of Appeals, impacting legal rulings in Texas, Louisiana, and Mississippi.
Federal Court Blocks $100,000 Trump-Era H-1B Visa Fee
A federal court ruled the $100,000 H-1B visa fee unlawful under APA, impacting employers and immigration costs.
Supreme Court Quickly Stays Third-Country Removal Injunction After Reply
The Supreme Court halted a removal injunction 40 minutes after the government reply brief, impacting immigration litigation timing for legal teams.
Ninth Circuit Dissent Challenges Bruen Footnote 9 Interpretation in Gun Case
A Ninth Circuit dissent argues Footnote 9 of Bruen should not allow exceptions from text and history in Second Amendment cases, impacting gun law analysis.
Eleventh Circuit Upholds Ban on Calling Trump-IRS Deal a ‘Settlement’
Eleventh Circuit affirms ban on using 'settlement' to describe Trump-IRS agreement in official proceedings, highlighting judicial speech limits.
Supreme Court Blocks Missouri's GOP-Favored Congressional Map Again
New analysis highlights legal risks and electoral chaos from Missouri's blocked congressional map ruling, impacting election law and policy.
Federal Judge Dismisses Music Teacher's Defamation Suit Against StopAntisemitism
U.S. District Judge Adrienne Nelson dismissed a defamation suit against StopAntisemitism, emphasizing First Amendment protections for online activism speech.
DC Circuit Reverses District Court, Upholds Pentagon's Anthropic Risk Label
DC Circuit affirms Pentagon’s designation of Anthropic as a supply chain risk, impacting defense contracting and AI compliance.
Court Mostly Dismisses Pennsylvania Sen. Mastriano’s Lawsuit Over Ph.D.
Federal court dismisses most claims in Sen. Mastriano’s lawsuit over alleged academic inaccuracies but allows a false light privacy claim to proceed.
Court Orders White House to Reinstate CNN, MSNBC, Politico Passes
Judge Kelly orders White House to reinstate press passes for CNN, MSNBC, and Politico, affirming First Amendment and due process rights.
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.