Volokh Conspiracy
Legal analysis and commentary blog covering constitutional law, free speech, and legal policy.
Articles from Volokh Conspiracy
California Court Allows Defamation Case Over Special Ed Assault Claims
A California court allowed a defamation lawsuit involving sexual assault claims among special education students, affecting educational and legal protections.
NY Court Dismisses VDARE's Libel Suit Against The New York Times
A New York court dismissed VDARE's libel suit against The New York Times, reaffirming strong First Amendment protections for the press.
Judge Emil Bove Dissents on Third Circuit Mandamus Denial in Mylan Case
Judge Emil Bove dissents on August 5 Third Circuit mandamus denial, citing ethical concerns over monetizing prior government service.
Survey Finds 100+ Court Sanctions Linked to AI Hallucinations Since 2023
More than 100 court sanctions have arisen from AI hallucinations in legal filings since 2023, highlighting risks for lawyers using AI tools.
Aug 2026: 11th Circuit Upholds Florida Minor Ban on Adult Drag Shows
In August 2026, the 11th Circuit upheld Florida's law banning minors from adult drag shows, affecting First Amendment and compliance issues.
Connecticut High Court Warns of AI Hallucinations in Litigation Docs
Connecticut Supreme Court flags risks of ChatGPT-generated fabrications in legal filings, urging cautious use of AI-assisted drafting.
25 States Led by Oregon Sue Over Trump’s New Section 301 Tariffs
Twenty-five states, led by Oregon, sue to block Trump-era tariffs under Section 301, raising constitutional and trade law questions.
Judge Quashes ADL Subpoenas in ASU Protest Lawsuit Discovery Fight
Judge John Tuchi limits discovery by quashing subpoenas to ADL in ASU pro-Palestine protest lawsuit, narrowing access to communications on university disciplinary actions.
Wisconsin Court Upholds Foster Parents' Gun Rights in Key Ruling
Wisconsin Court of Appeals rules for foster parents on Second Amendment rights, clarifying firearm rules in foster homes and impacting family law.
David Cole Critiques Supreme Court’s Shifts While Upholding Trump Limits
David Cole critiques the Supreme Court's precedent shifts while affirming rulings limiting Trump's immunity and executive overreach.
Federal Court Bars Rhode Island Town From Using Eminent Domain to Block Housing
A federal court rules a Rhode Island town's eminent domain use to block housing unlawful, clarifying limits on local government land use powers.
Fifth Circuit Judges Ask Supreme Court to Review Mckesson Protest Liability Case
Six active Fifth Circuit judges have petitioned the Supreme Court to clarify legal liability for protest organizers in the DeRay Mckesson case.
Fourth Circuit Reviews If Personalized Plates Count as Government Speech
Fourth Circuit Court weighs if personalized license plates are government or private speech, a key First Amendment issue for legal professionals.
Court Dismisses Lento Law Group’s Defamation Suit Against Former Client
A federal court dismissed Lento Law Group’s 2026 defamation suit against ex-client Estrada, citing owner Joseph Lento’s disciplinary history.
Court Allows Race and Viewpoint Discrimination Claims Over COVID Relief Grants
A Florida court lets claims of race and viewpoint discrimination proceed in lawsuit over COVID relief fund grants by Pinellas County.
Florida Appeals Court Upholds Dismissal of Rebekah Jones Whistleblower Suit
Florida Appeals Court upheld dismissal of Rebekah Jones' 2020 whistleblower lawsuit, clarifying legal protections for government employees.
Judge Bars Anonymous Filing in U-Michigan AI Misconduct Lawsuit
A U-Michigan student sued over AI misuse discipline but must reveal identity, raising legal questions on privacy and academic AI policies.
Catholic Providers Sue New York Over Medically Assisted Suicide Law
Catholic healthcare providers sue New York, challenging the Medical Aid in Dying Act on religious freedom grounds, highlighting a key legal clash over health law reform.
Judge Rules School Retaliation Against Parent Filming Pride Flag Violated Free Speech
Federal judge grants injunction affirming First Amendment rights after school district retaliated against parent who filmed rainbow pride flag.
Fifth Circuit Blocks Texas Mandate on Social Media Under Section 230
The Fifth Circuit ruling preempts Texas social media content monitoring mandates, reinforcing federal Section 230 protections in state online regulation.