The Volokh Conspiracy

The Volokh Conspiracy

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Independent multi-author legal analysis on courts, regulation, and public law.

Disclosing One's HIV+ Status Isn't Criminal Harassment of Ex
NewsJun 17, 2026

Disclosing One's HIV+ Status Isn't Criminal Harassment of Ex

The Arizona Court of Appeals reversed a lower‑court protective order, holding that a father's public disclosure of his HIV‑positive status on a social‑media forum is protected First Amendment speech, not criminal harassment. The court emphasized that Arizona harassment statutes expressly...

By The Volokh Conspiracy
Pennsylvania S. Ct. Finds Pattern of "Lack of Candor" In Philadelphia D.A. Krasner's Filings Urging Reversal of Murder Convictions
NewsJun 17, 2026

Pennsylvania S. Ct. Finds Pattern of "Lack of Candor" In Philadelphia D.A. Krasner's Filings Urging Reversal of Murder Convictions

The Pennsylvania Supreme Court ruled that the Philadelphia District Attorney’s office repeatedly lacked candor in post‑conviction relief filings, violating its duty and leading to an erroneous new‑trial grant for convicted murderer Lavar Brown. The court reversed the lower court’s order...

By The Volokh Conspiracy
Can Employer Fire You for Self-Defense on the Job?
NewsJun 17, 2026

Can Employer Fire You for Self-Defense on the Job?

The Colorado Supreme Court ruled that an at‑will employee who lawfully uses self‑defense against an unprovoked attack at work may bring a wrongful‑termination claim under the state’s public‑policy exception. The majority held that Colorado statutes and the state constitution express...

By The Volokh Conspiracy
Court Rejects Sealing of Summary-Judgment-Related Filings in Trump Media Libel Suit Against Washington Post
NewsJun 16, 2026

Court Rejects Sealing of Summary-Judgment-Related Filings in Trump Media Libel Suit Against Washington Post

U.S. District Judge Tom Barber denied Trump Media Technology Group’s request to seal its summary‑judgment filings in its defamation suit against the Washington Post. The court held that a confidentiality designation alone does not meet the “good cause” threshold required...

By The Volokh Conspiracy
Disbarred Lawyer Can't Pseudonymously Challenge Her Disbarment
NewsJun 16, 2026

Disbarred Lawyer Can't Pseudonymously Challenge Her Disbarment

The 10th U.S. Circuit Court of Appeals rejected a disbarred Colorado lawyer's request to proceed under the pseudonym "Jane Roe" in a federal suit challenging her disciplinary proceedings. The court affirmed that Federal Rule of Civil Procedure 10(a) mandates real...

By The Volokh Conspiracy
Lawyers' Bar Journal Article Discussing Their AI-Hallucination Errors Doesn't Entirely Satisfy Judge, but …
NewsJun 16, 2026

Lawyers' Bar Journal Article Discussing Their AI-Hallucination Errors Doesn't Entirely Satisfy Judge, but …

The Western District of North Carolina court rebuked plaintiff counsel for submitting briefs containing AI‑generated hallucinated citations and quotations, violating Rule 11 certifications. The attorneys blamed the errors on misuse of artificial‑intelligence tools and offered a bar‑journal article to warn peers....

By The Volokh Conspiracy
SCOTUS To Newman: Drop Dead
NewsJun 15, 2026

SCOTUS To Newman: Drop Dead

The U.S. Supreme Court denied certiorari in *Newman v. Moore*, effectively leaving the dispute unresolved. The decision was unanimous, with no justice filing a dissent. By refusing to intervene, the Court allows the case to linger until Judge Pauline Newman,...

By The Volokh Conspiracy
Two New Large Libel Models Lawsuits, Though Alleging Mischaracterization Rather Than Outright Hallucination
NewsJun 15, 2026

Two New Large Libel Models Lawsuits, Though Alleging Mischaracterization Rather Than Outright Hallucination

The U.S. Securities and Exchange Commission settled a case against crypto entrepreneur Sergii Grybniak and his firm Opporty, imposing a $100,000 civil penalty for an unregistered token offering but without any admission of fraud. Grybniak subsequently sued Google and X...

By The Volokh Conspiracy
The Courts Should Rein in Trump's Proposed Section 301 Tariffs as Well
NewsJun 14, 2026

The Courts Should Rein in Trump's Proposed Section 301 Tariffs as Well

The Trump administration has unveiled a sweeping proposal to impose Section 301 tariffs on 60 trade partners, covering more than 99% of U.S. imports. The tariffs would range from 10% to 12.5% and are justified on forced‑labor grounds, though the administration...

By The Volokh Conspiracy
Our Friend with the "Attractive, Busty Jewess" Problem Denied Pseudonymity Again, in Case Against Dartmouth
NewsJun 12, 2026

Our Friend with the "Attractive, Busty Jewess" Problem Denied Pseudonymity Again, in Case Against Dartmouth

A federal judge in New Hampshire denied plaintiff "Doe" the right to proceed under a pseudonym in his discrimination lawsuit against Dartmouth College. The court reiterated a strong presumption against pseudonymous litigation, requiring a concrete threat of severe physical harm—something...

By The Volokh Conspiracy
Federal Circuit Stays Enforcement of Ruling Against Trump's Section 122 Tariffs
NewsJun 12, 2026

Federal Circuit Stays Enforcement of Ruling Against Trump's Section 122 Tariffs

The U.S. Federal Circuit issued a stay that blocks the Court of International Trade's injunction against the Trump administration's Section 122 tariffs, allowing tariff collection to resume while the appeal proceeds. The stay covers only Washington state and two small...

By The Volokh Conspiracy
The Judicial Misconduct Complaint Against Judge Ryan Nelson: What Happens Next?
NewsJun 11, 2026

The Judicial Misconduct Complaint Against Judge Ryan Nelson: What Happens Next?

Judge Ryan D. Nelson of the Ninth Circuit faced misdemeanor battery and property‑damage charges after a video‑recorded parking‑lot confrontation in Idaho Falls. Chief Judge Mary Murguia formally identified a judicial‑misconduct complaint under the Judicial Conduct and Disability Act, citing the...

By The Volokh Conspiracy
No Heckler's Veto Allowed at School Board Meetings
NewsJun 11, 2026

No Heckler's Veto Allowed at School Board Meetings

The Sixth Circuit in Boddy v. Grech held that a school board president’s decision to seize a speaker’s microphone and recess the meeting constituted unconstitutional viewpoint discrimination. The court found Darbi Boddy’s remarks about alleged critical race theory instruction were...

By The Volokh Conspiracy
Magistrate Judge Declines to Recuse Herself in Trump V. BBC Libel Lawsuit
NewsJun 10, 2026

Magistrate Judge Declines to Recuse Herself in Trump V. BBC Libel Lawsuit

U.S. Magistrate Judge Enjoliqué A. Lett, overseeing the Trump v. BBC libel case in the Southern District of Florida, denied a motion by Donald Trump’s lawyers seeking her recusal. The request was based on Lett’s prior representation of Orbis Business...

By The Volokh Conspiracy
"Desire to Undo the Past" Can't Justify Libel Claim Over "Indisputably Truthful" Articles About Criminal Charges + Expungement
NewsJun 9, 2026

"Desire to Undo the Past" Can't Justify Libel Claim Over "Indisputably Truthful" Articles About Criminal Charges + Expungement

U.S. District Judge Kenneth Bell ruled that Dr. Ramesh Kumar Sunar’s defamation lawsuit against Gray Local Media fails. The court held the initial 2024 article reporting his arrest was protected by the one‑year statute of limitations, and the follow‑up 2025...

By The Volokh Conspiracy
My New Washington Post Op Ed on NYC Mayor Mamdani's Unconstitutional Housing Policy
NewsJun 9, 2026

My New Washington Post Op Ed on NYC Mayor Mamdani's Unconstitutional Housing Policy

The Washington Post published an op‑ed condemning New York City Mayor Zohran Mamdani’s “Block by Block” housing plan, which authorizes the city to seize properties from negligent owners and transfer them to “responsible stewards.” The piece argues the proposal breaches...

By The Volokh Conspiracy
"Al Ghashiyah Testified That … as Head of the Family, He Has Decided that Islamic Law Is the Law that...
NewsJun 9, 2026

"Al Ghashiyah Testified That … as Head of the Family, He Has Decided that Islamic Law Is the Law that...

The Wisconsin Court of Appeals rejected al Ghashiyah’s request to administer his brother James Casteel’s estate under Islamic law, upholding the state’s probate statutes and the deceased’s expressed wishes. Al Ghashiyah argued that, as head of the family, he could impose Sharia‑based...

By The Volokh Conspiracy
Nonexistent Case Citations on Both Sides + "Rubberstamp[ing]" By "Local Counsel"
NewsJun 9, 2026

Nonexistent Case Citations on Both Sides + "Rubberstamp[ing]" By "Local Counsel"

A federal court in Mississippi sanctioned both local counsel and out‑of‑state attorneys after each side filed briefs containing citations to nonexistent cases. The local attorneys, Ridgeway and McClinton, failed to verify the AI‑generated drafts and were fined $1,000 each, while...

By The Volokh Conspiracy
Obligation to Cite-Check the Cases Cited by the Other Side and Report Errors to Court
NewsJun 9, 2026

Obligation to Cite-Check the Cases Cited by the Other Side and Report Errors to Court

Recent appellate decisions in New York, Minnesota, and Mississippi have signaled that lawyers must cite‑check the cases cited by opposing counsel, especially when AI‑generated citations appear. Judges have publicly admonished attorneys who fail to alert the court to nonexistent cases,...

By The Volokh Conspiracy
Archaeologist's Libel Claim Over Allegations of "Trafficking in Stolen Native American Human Remains" Can Go Forward
NewsJun 9, 2026

Archaeologist's Libel Claim Over Allegations of "Trafficking in Stolen Native American Human Remains" Can Go Forward

A federal judge allowed archaeologist Michael Shanks to pursue a libel claim after defendants alleged he trafficked stolen Native American human remains. The allegations stem from an Inspector General report that examined a straw‑purchase of pottery fragments and two skulls...

By The Volokh Conspiracy
Ex-DOGE Staffer, Ex-Pete-Hegseth Advisor Justin Fulcher Sues the Guardian for Libel
NewsJun 8, 2026

Ex-DOGE Staffer, Ex-Pete-Hegseth Advisor Justin Fulcher Sues the Guardian for Libel

Justin Fulcher, a former DOGE staffer and ex‑advisor to Secretary of War Pete Hegseth, filed a libel suit in the D.D.C. district court against The Guardian over a June 9, 2025 article that he says falsely portrayed him as the source of...

By The Volokh Conspiracy
How Do You Know She Is a Witch? Or Satan's Soldier?
NewsJun 8, 2026

How Do You Know She Is a Witch? Or Satan's Soldier?

The federal court denied summary judgment on most of the defamatory statements made by Liane Shanti against Paula Haygarth, finding them either opinion or fact‑based claims that require a jury. The court granted summary judgment only on the allegation that...

By The Volokh Conspiracy
Second Amendment Roundup: No Protection for Heroin Trafficker
NewsJun 8, 2026

Second Amendment Roundup: No Protection for Heroin Trafficker

On June 2, the Fifth Circuit in United States v. Squire affirmed that a convicted heroin trafficker may be stripped of a handgun in his home under 18 U.S.C. § 922(g)(1). The court applied the Bruen historical‑analogue test, citing the English Militia Act and...

By The Volokh Conspiracy
Court Dismisses Fraud Claim Against N.Y. Times Over "Young, Old, and Sick Starve to Death in Gaza" Photo
NewsJun 5, 2026

Court Dismisses Fraud Claim Against N.Y. Times Over "Young, Old, and Sick Starve to Death in Gaza" Photo

A New Jersey federal judge dismissed Harold Hoffman’s fraud lawsuit against The New York Times over a July 2025 Gaza photo and article. The court held that the New Jersey Consumer Fraud Act (NJCFA) requires a direct link between alleged...

By The Volokh Conspiracy
Plaintiff Too Small to Challenge President Trump's Practice of Targeting Law Firms He Dislikes
NewsJun 5, 2026

Plaintiff Too Small to Challenge President Trump's Practice of Targeting Law Firms He Dislikes

A federal judge in Massachusetts dismissed J. Whitfield Larrabee’s lawsuit alleging President Trump’s 2025 memorandum and subsequent executive orders unlawfully target law firms he disfavors. The plaintiff claimed the policy forced self‑censorship and threatened sanctions, but the court found he...

By The Volokh Conspiracy
Texas Age Verification / Parental Consent Requirements for App Stores Likely Constitutional, Fifth Circuit Holds
NewsJun 5, 2026

Texas Age Verification / Parental Consent Requirements for App Stores Likely Constitutional, Fifth Circuit Holds

The Fifth Circuit upheld Texas Senate Bill 2420, the App Store Accountability Act, finding it likely constitutional. The court rejected the district court's strict‑scrutiny analysis, applying intermediate scrutiny because the statute regulates commercial transactions rather than speech. It concluded the...

By The Volokh Conspiracy
Youth Climate Plaintiffs Challenge Endangerment Repeal on Religious Liberty Grounds
NewsJun 5, 2026

Youth Climate Plaintiffs Challenge Endangerment Repeal on Religious Liberty Grounds

Environmental groups Our Children’s Trust and Public Justice have asked a federal court to halt the EPA’s February 2026 rescission of the greenhouse‑gas endangerment finding, arguing it violates the Religious Freedom Restoration Act and the Fifth Amendment. Their motion claims...

By The Volokh Conspiracy
A Rare Summary Judgment in Favor of Plaintiff in Libel Case
NewsJun 5, 2026

A Rare Summary Judgment in Favor of Plaintiff in Libel Case

U.S. District Judge David Leibowitz granted summary judgment to hedge‑fund executive Warren Mosler in his defamation lawsuit against former Mosler employee James Todd Wagner. The court concluded Wagner’s claim that Mosler bribed a judge was speculative and false, establishing actual...

By The Volokh Conspiracy
Plaintiffs Lack Standing to Sue over Notre Dame Law Clinic's Filing Amicus Brief Condemning China's Actions Towards Uyghurs
NewsJun 5, 2026

Plaintiffs Lack Standing to Sue over Notre Dame Law Clinic's Filing Amicus Brief Condemning China's Actions Towards Uyghurs

A federal judge in Indiana dismissed a lawsuit filed by Chinese‑American plaintiffs who alleged that Notre Dame Law School’s Religious Liberty Clinic’s amicus brief in an Argentine case falsely accused China of genocide against Uyghurs. The court held the plaintiffs lacked...

By The Volokh Conspiracy
Will the Supreme Court Review Judge Newman's Stealth Impeachment?
NewsJun 4, 2026

Will the Supreme Court Review Judge Newman's Stealth Impeachment?

Judge Pauline Newman, a long‑serving Federal Circuit dissenter, has petitioned the Supreme Court to review her indefinite suspension imposed by the court’s Judicial Council. The D.C. Circuit ruled that the Judicial Councils Reform and Judicial Conduct and Disability Act of...

By The Volokh Conspiracy
Court Reverses Child Porn Convictions, Finding Material Was Non-Lewd Family Photos and Videos
NewsJun 4, 2026

Court Reverses Child Porn Convictions, Finding Material Was Non-Lewd Family Photos and Videos

An Illinois appellate court overturned the child‑pornography convictions of a mother and her husband after determining that the photographs and videos of their minor daughters were not lewd under state law. The court applied the Illinois Supreme Court’s six‑factor test,...

By The Volokh Conspiracy
Eventually, the Steam Drill Always Wins: "Law Professors Prefer AI Over Peer Answers"
NewsJun 2, 2026

Eventually, the Steam Drill Always Wins: "Law Professors Prefer AI Over Peer Answers"

A Stanford-led study blind‑tested short‑answer tutoring in contracts courses, pitting responses from sixteen U.S. law professors against two Google LLMs—Gemini 2.5 Pro and NotebookLM. Professors preferred the AI answers in roughly 75% of 2,918 pairwise comparisons, with the models matching or exceeding...

By The Volokh Conspiracy
Suggestion That Rabbi Endorses Jews for Jesus May Be Defamatory
NewsJun 2, 2026

Suggestion That Rabbi Endorses Jews for Jesus May Be Defamatory

The California Court of Appeal ruled that Rabbi Ariel Amitay can pursue a defamation lawsuit against Jews for Jesus (JFJ) over social‑media posts that implied he endorsed the evangelistic group. The court found the blurred photograph and accompanying caption sufficiently...

By The Volokh Conspiracy
"Disturbing Lawful Meeting" Doesn't Need to Be "Substantial" To Be Criminal, at Least if a "Purpose to … Disrupt" Is...
NewsJun 2, 2026

"Disturbing Lawful Meeting" Doesn't Need to Be "Substantial" To Be Criminal, at Least if a "Purpose to … Disrupt" Is...

The Ohio Court of Appeals ruled that the statutory element of "substantial" is not required to convict under R.C. 2917.12(A)(1) for disturbing a lawful meeting; a demonstrated purpose to disrupt suffices. The decision arose from the City of Nelsonville v....

By The Volokh Conspiracy
Justice Thomas Faults The Court's Inconsistent Approach to Summary Reversals
NewsJun 1, 2026

Justice Thomas Faults The Court's Inconsistent Approach to Summary Reversals

The Supreme Court issued a per curiam summary reversal of the Eleventh Circuit’s Whitton v. Dixon capital case, nullifying two sentences despite a 60‑page opinion. Justice Clarence Thomas, largely joined by Justice Samuel Alito, dissented, labeling the reversal a harmless...

By The Volokh Conspiracy
"ICE Expected the Court to Accept … [Its] Basis for Detaining Petitioner, but Shield Its Rationale From the Court"
NewsJun 1, 2026

"ICE Expected the Court to Accept … [Its] Basis for Detaining Petitioner, but Shield Its Rationale From the Court"

A New York federal judge ordered ICE to release Russian asylum seeker Alexey Nazarenko, ruling that his detention based on an inactive Interpol diffusion notice violated due process. The court rejected ICE’s redacted INA §236(a) custody determination and denied the...

By The Volokh Conspiracy
Trump Administration Will Appeal Ruling Requiring Tariff Refunds
NewsMay 30, 2026

Trump Administration Will Appeal Ruling Requiring Tariff Refunds

The U.S. Court of International Trade ordered the Trump Administration to refund all businesses that paid illegal tariffs imposed under the International Emergency Economic Powers Act (IEEPA). The Supreme Court previously invalidated those tariffs, prompting the court’s universal injunction for...

By The Volokh Conspiracy
The Satanic Temple Loses Libel Suit Against Newsweek Over "Accounts of Sexual Abuse Being Covered Up" Allegation
NewsMay 30, 2026

The Satanic Temple Loses Libel Suit Against Newsweek Over "Accounts of Sexual Abuse Being Covered Up" Allegation

The Second Circuit affirmed a district court’s summary‑judgment ruling that The Satanic Temple’s libel suit against Newsweek failed. The court applied New York’s anti‑SLAPP statute, which requires plaintiffs to prove actual malice—knowledge of falsity or reckless disregard—when the statement concerns...

By The Volokh Conspiracy
DOJ Moves To Disqualify Judge Ross In Election Interference Case
NewsMay 30, 2026

DOJ Moves To Disqualify Judge Ross In Election Interference Case

The U.S. Department of Justice has moved to have Eleventh Circuit Judge Eleanor Ross recused from a lawsuit seeking Georgia election records from Secretary of State Brad Raffensperger. The motion stems from a Judicial Council finding that Ross attended a...

By The Volokh Conspiracy
Short Circuit: An Inexhaustive Weekly Compendium of Rulings From the Federal Courts of Appeal
NewsMay 29, 2026

Short Circuit: An Inexhaustive Weekly Compendium of Rulings From the Federal Courts of Appeal

The Institute for Justice’s weekly "Short Circuit" roundup surveys recent federal appellate rulings that spotlight procedural hurdles and qualified‑immunity shields for government actors. Highlights include a D.C. Circuit opinion that constitutional claims cannot remedy fabricated IRS evidence, a First Circuit...

By The Volokh Conspiracy
Court Awards $400M Default Judgment Against North Korea to Victims of 1968 Attack on U.S.S. Pueblo
NewsMay 29, 2026

Court Awards $400M Default Judgment Against North Korea to Victims of 1968 Attack on U.S.S. Pueblo

A U.S. federal court awarded $404.55 million in a default judgment against North Korea for the 1968 seizure of the USS Pueblo. The case, filed by surviving crew members, families, and estates, relied on the Foreign Sovereign Immunities Act’s terrorism exception after...

By The Volokh Conspiracy
California Judge "Cited and Relied on a Fictitious Case" Submitted by Lawyer, Even Though …
NewsMay 29, 2026

California Judge "Cited and Relied on a Fictitious Case" Submitted by Lawyer, Even Though …

California Court of Appeal reversed a trial‑court protective‑order decision after finding the judge relied on a non‑existent case and misapplied Family Code §6203. The appellate opinion highlighted that Rudy’s counsel had quoted a fictitious citation and failed to correct the...

By The Volokh Conspiracy
Alliance Defending Freedom Is Hiring A Senior Counsel
NewsMay 28, 2026

Alliance Defending Freedom Is Hiring A Senior Counsel

Alliance Defending Freedom (ADF), the world’s largest religious‑liberty law firm, is hiring a senior counsel with more than 10 years of litigation experience for its Center for Life and Center for Parental Rights. ADF highlights its track record of 18...

By The Volokh Conspiracy
SCOTUS Summarily Reverses The "Inquisitorial" Fourth Circuit Twice In One Term
NewsMay 28, 2026

SCOTUS Summarily Reverses The "Inquisitorial" Fourth Circuit Twice In One Term

The U.S. Supreme Court issued two per curiam orders this term that summarily reversed the Fourth Circuit for breaching the party‑presentation principle. The first reversal came in Clark v. Sweeney, where the Court rejected the appellate panel’s sua sponte expansion...

By The Volokh Conspiracy
DoJ Sues UCLA for Allegedly Tolerating Discrimination and Harassment Against Jews and Israelis, Seeks Return of Federal Grants
NewsMay 27, 2026

DoJ Sues UCLA for Allegedly Tolerating Discrimination and Harassment Against Jews and Israelis, Seeks Return of Federal Grants

The U.S. Department of Justice has filed a lawsuit against UCLA, alleging the university violated Title VI of the Civil Rights Act by tolerating antisemitic and anti‑Israeli harassment on campus. The complaint describes armed protesters creating an illegal encampment that blocked...

By The Volokh Conspiracy
The Unusual Denial in Reinink V. Hart
NewsMay 27, 2026

The Unusual Denial in Reinink V. Hart

The Supreme Court denied certiorari in Reinhold v. Hart, an excessive‑force Fourth Amendment case, but noted that Justices Thomas and Alito would have granted the petition and summarily reversed the Sixth Circuit’s decision. Uniquely, the two justices did not file...

By The Volokh Conspiracy
First Amendment Likely Precludes Trump Administration's Canceling DEI-Promoting Contracts, Ninth Circuit Rules
NewsMay 26, 2026

First Amendment Likely Precludes Trump Administration's Canceling DEI-Promoting Contracts, Ninth Circuit Rules

The Ninth Circuit ruled that the Trump administration’s cancellation of academic grants targeting DEI, DEIA, and environmental‑justice viewpoints likely violates the First Amendment. The court emphasized the distinction between ending an entire program and discriminating against specific viewpoints within an...

By The Volokh Conspiracy
The First Amendment and Off-Duty Police Officer's Counterprotest of Anti-ICE Student Protest
NewsMay 26, 2026

The First Amendment and Off-Duty Police Officer's Counterprotest of Anti-ICE Student Protest

The district court in Mullen v. Giordano held that Sergeant Mullen’s off‑duty counter‑protest at an anti‑ICE student rally was protected First Amendment activity, but denied his request for a preliminary injunction reinstating him on paid leave. The judge concluded that...

By The Volokh Conspiracy
Judge Dismisses Author Michael Wolff's Lawsuit Over Melania Trump's Defamation Litigation Threat
NewsMay 23, 2026

Judge Dismisses Author Michael Wolff's Lawsuit Over Melania Trump's Defamation Litigation Threat

U.S. District Judge Mary Kay Vyskocil dismissed Michael Wolff's declaratory‑judgment suit that sought to pre‑empt a potential defamation action by Melania Trump. The court characterized the filing as abusive forum‑shopping and refused to address the merits of Wolff's alleged statements...

By The Volokh Conspiracy