The Volokh Conspiracy

The Volokh Conspiracy

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

April 1, 2026
NewsApr 1, 2026

April 1, 2026

The Supreme Court heard oral argument in the newly filed case Trump v. Barbara, in which the Trump administration argues that the Fourteenth Amendment does not guarantee birthright citizenship to children of undocumented immigrants. The hearing was notable because a...

By The Volokh Conspiracy
Justice Harlan's Lectures Gets A Shout-Out In Birthright Citizenship Case
NewsApr 1, 2026

Justice Harlan's Lectures Gets A Shout-Out In Birthright Citizenship Case

The Supreme Court’s pending case Trump v. Barbara, which questions the scope of birthright citizenship, featured Justice Gorsuch quoting Justice John Marshall Harlan’s 1898 lecture on United States v. Wong Kim Ark. The citation comes from a 2013 scholarly article co‑authored by...

By The Volokh Conspiracy
Judge Leon Blocked The East Wing Ballroom Based on Offended Observer Standing
NewsApr 1, 2026

Judge Leon Blocked The East Wing Ballroom Based on Offended Observer Standing

Judge Leon issued an injunction halting construction of the White House East Wing ballroom after a National Trust member claimed an aesthetic injury, arguing she was an "offended observer" under Article III standing. The opinion cites Supreme Court precedents that require...

By The Volokh Conspiracy
"There Is Evidence That This Particular Proceeding Before the Beijing Court Was Dominated by The" Chinese Communist Party,
NewsMar 31, 2026

"There Is Evidence That This Particular Proceeding Before the Beijing Court Was Dominated by The" Chinese Communist Party,

A U.S. federal judge ruled that Stanford University retains clear title to the Li Rui archival materials donated to the Hoover Institution, rejecting a Chinese court judgment that sought to return the items to Zhang Yuzhen, Li’s second wife. The...

By The Volokh Conspiracy
"Rising Wave of Antisemitism" Doesn't Justify Letting Jewish Plaintiff Sue Pseudonymolusly
NewsMar 31, 2026

"Rising Wave of Antisemitism" Doesn't Justify Letting Jewish Plaintiff Sue Pseudonymolusly

The Eastern District of New York denied a Jewish plaintiff’s request to proceed under a pseudonym in Doe v. Life Time, Inc., citing Federal Rule of Civil Procedure 10(a)’s requirement for full party identification. Judge Dora Irizarry found the plaintiff’s...

By The Volokh Conspiracy
A Fifth Circuit Bait-and-Switch to Ignore Crime Victims' Rights
NewsMar 31, 2026

A Fifth Circuit Bait-and-Switch to Ignore Crime Victims' Rights

The Fifth Circuit Court of Appeals rejected two Crime Victims' Rights Act (CVRA) petitions filed by families of the 737 MAX crash victims, deeming the challenges to the Justice Department’s 2021 deferred prosecution agreement (DPA) and 2025 non‑prosecution agreement (NPA) with...

By The Volokh Conspiracy
What Took So Long In Chiles?
NewsMar 31, 2026

What Took So Long In Chiles?

The U.S. Supreme Court issued its ruling in Chiles v. Salazar on March 31, 2026, delivering an 8‑1 decision after a six‑month gap from oral arguments on October 7, 2025. Justice Gorsuch authored a roughly twenty‑page majority opinion, while Justice Kagan wrote a...

By The Volokh Conspiracy
Justice Kagan's Arguments for "Relax[ing] Our Guard" As to Some Content-Based (But Viewpoint-Neutral) Speech Restrictions
NewsMar 31, 2026

Justice Kagan's Arguments for "Relax[ing] Our Guard" As to Some Content-Based (But Viewpoint-Neutral) Speech Restrictions

In *Chiles v. Salazar*, Justice Kagan, joined by Justice Sotomayor, upheld that Colorado's ban on conversion‑therapy talk for minors is unconstitutional because it targets speech by viewpoint. She noted that a mirror law banning affirming therapy would face the same...

By The Volokh Conspiracy
"Reckless, to Be Sure. Stupid." "But Mere Reckless Stupidity Does Not a Malicious Federal Arsonist Make"
NewsMar 30, 2026

"Reckless, to Be Sure. Stupid." "But Mere Reckless Stupidity Does Not a Malicious Federal Arsonist Make"

A federal judge in Miami granted a judgment of acquittal for Ramirez, who was convicted of federal arson after throwing two flares at an Orlando City soccer match. The court held that the government failed to prove the malicious intent...

By The Volokh Conspiracy
Lawyer's Defamation Claim Based on Sig Sauer's Press Release About Unintended Discharge Lawsuits Can Go Forward
NewsMar 30, 2026

Lawyer's Defamation Claim Based on Sig Sauer's Press Release About Unintended Discharge Lawsuits Can Go Forward

A Connecticut federal judge ruled that attorney Michael Bagnell’s defamation lawsuit against Sig Sauer can proceed. The case stems from Sig Sauer’s March 2025 press release, which labeled plaintiffs’ claims that the P320 pistol can fire without a trigger pull as profit‑driven lies...

By The Volokh Conspiracy
No Preliminary Injunction Over Residents' Claim That S.F. Failed to Adequately Police Tenderloin Sidewalks
NewsMar 30, 2026

No Preliminary Injunction Over Residents' Claim That S.F. Failed to Adequately Police Tenderloin Sidewalks

A federal judge in Northern California denied a preliminary injunction sought by Tenderloin residents and businesses, finding they lacked standing to challenge San Francisco’s harm‑reduction policies. The plaintiffs could not demonstrate that the city’s distribution of drug‑related paraphernalia directly caused increased...

By The Volokh Conspiracy
Former Fox Anchor Andrea Tantaros's Court Filings Contained Inaccurate Citations; Court Suspects AI Hallucinations
NewsMar 29, 2026

Former Fox Anchor Andrea Tantaros's Court Filings Contained Inaccurate Citations; Court Suspects AI Hallucinations

A Manhattan federal judge found that former Fox News anchor Andrea Tantaros filed court documents containing numerous inaccurate and non‑existent citations. The judge attributed the errors to Tantaros’s reliance on artificial‑intelligence tools that produced hallucinated references without proper verification. Although...

By The Volokh Conspiracy
Today in Supreme Court History: March 29, 1937
NewsMar 29, 2026

Today in Supreme Court History: March 29, 1937

On March 29, 1937 the U.S. Supreme Court issued its landmark ruling in West Coast Hotel v. Parrish, upholding Washington State’s minimum‑wage statute for women and minors. The decision reversed the Court’s earlier Lochner‑era stance against economic regulation and signaled a broader acceptance...

By The Volokh Conspiracy
Khan V. Yale University #TheyLied Case Dismissed Because of Plaintiff's "Egregious" Litigation Misconduct
NewsMar 27, 2026

Khan V. Yale University #TheyLied Case Dismissed Because of Plaintiff's "Egregious" Litigation Misconduct

A federal judge in Connecticut dismissed the libel suit Khan v. Yale University after finding the plaintiff’s litigation conduct egregious. The court highlighted a 70,000‑page document dump, false interrogatory answers, and deliberate concealment of privileged communications. Judge Kari Dooley granted...

By The Volokh Conspiracy
Theranos Fraudster Elizabeth Holmes' Sentence Reduced by 1 Year
NewsMar 27, 2026

Theranos Fraudster Elizabeth Holmes' Sentence Reduced by 1 Year

A federal judge reduced Elizabeth Holmes' prison term by one year, setting it at 10¼ years after finding she did not cause "substantial financial hardship" to any individual investor. The decision hinges on the U.S. Sentencing Guidelines provision § 4C1.1, which...

By The Volokh Conspiracy
Ex-FBI-Agents Alleging They Were Fired for Working on "Arctic Frost" Can Proceed Pseudonymously
NewsMar 27, 2026

Ex-FBI-Agents Alleging They Were Fired for Working on "Arctic Frost" Can Proceed Pseudonymously

A federal judge granted two former FBI special agents permission to proceed pseudonymously in a lawsuit alleging they were fired for working on the "Arctic Frost" investigation into a 2020 election‑interference conspiracy. The agents claim their terminations violated First and...

By The Volokh Conspiracy
Sealed Charges Doesn't Mean Unmentionable-in-Court-Filings Charges
NewsMar 27, 2026

Sealed Charges Doesn't Mean Unmentionable-in-Court-Filings Charges

The District Court in Nebraska denied the plaintiff’s motion to strike paragraph 58 of the defendant’s amended answer, finding that the allegation of a sealed Iowa charge was not immaterial, scandalous, or prejudicial. The plaintiff argued that Iowa’s juvenile‑record confidentiality...

By The Volokh Conspiracy
Court Upholds Injunction Against Disclosing Information Learned From Discarded City Documents
NewsMar 27, 2026

Court Upholds Injunction Against Disclosing Information Learned From Discarded City Documents

The Pennsylvania Commonwealth Court affirmed a preliminary injunction that bars a private citizen from publishing personal information he obtained from discarded City of Scranton personnel files. The boxes, marked "Shred 2033," were left at the curb, photographed, and partially disclosed...

By The Volokh Conspiracy
From Justice Frankfurter in the Steel Seizure Case (1952)
NewsMar 27, 2026

From Justice Frankfurter in the Steel Seizure Case (1952)

Justice Felix Frankfurter’s 1952 remarks in the steel seizure case warned that executive power must be checked by a disciplined judiciary. He argued that courts should limit themselves to narrow, concrete disputes and avoid broad constitutional pronouncements unless no lesser...

By The Volokh Conspiracy
No § 230 Immunity for Meta's AI-Generated Ads
NewsMar 27, 2026

No § 230 Immunity for Meta's AI-Generated Ads

A federal judge in Northern California denied Meta's bid to dismiss a lawsuit alleging the company helped create fraudulent pump‑and‑dump ads for a Chinese penny stock. Plaintiffs claim Meta's AI‑driven tools—Flexible Format, Dynamic Creative, and Advantage+ Creative—generated and optimized deceptive...

By The Volokh Conspiracy
Investigating FISA Abuses in Crossfire Hurricane
NewsMar 26, 2026

Investigating FISA Abuses in Crossfire Hurricane

Senator Chuck Grassley disclosed documents suggesting the FBI obtained multiple FISA warrants to surveil Walid Phares, a conservative Middle‑East expert who advised the Romney and Trump campaigns. An FBI agent testified that corrections showing no corroborating evidence were blocked, and...

By The Volokh Conspiracy
Additional Testimony Against the Proposed "Preserving a Sharia-Free America Act"
NewsMar 26, 2026

Additional Testimony Against the Proposed "Preserving a Sharia-Free America Act"

An additional written testimony was filed with the House Judiciary Subcommittee to oppose the "Preserving a Sharia‑Free America Act," which would bar most Muslim immigration and deport non‑citizen Muslims. The testimony focuses on a 2024 Heritage Foundation survey of American...

By The Volokh Conspiracy
Sam Altman Et Al. "May Not Inquire Into Musk's Ketamine Use" At Trial of Musk Suit Over OpenAI
NewsMar 25, 2026

Sam Altman Et Al. "May Not Inquire Into Musk's Ketamine Use" At Trial of Musk Suit Over OpenAI

A federal judge in Northern California granted Elon Musk’s request to bar questions about his alleged ketamine use in the ongoing Musk v. Altman lawsuit, deeming the evidence irrelevant and lacking supporting record. The court, however, denied Musk’s broader motion,...

By The Volokh Conspiracy
Article Reporting on Jan. 6 as "Insurrection" Not Defamatory + Pardon Isn't "Acquittal"
NewsMar 25, 2026

Article Reporting on Jan. 6 as "Insurrection" Not Defamatory + Pardon Isn't "Acquittal"

A federal judge in Tennessee dismissed a libel suit filed by Shannon Bitzer against WBIR and Tegna, ruling that the outlet’s article describing his alleged involvement in the Jan. 6 2021 Capitol events as an "insurrection" was substantially true and protected by...

By The Volokh Conspiracy
Ex-Law-Student's Defamation Claim Against Howard University Can Proceed in Part
NewsMar 25, 2026

Ex-Law-Student's Defamation Claim Against Howard University Can Proceed in Part

The D.D.C. court allowed two of Michael Newman's defamation claims against Howard University to proceed while granting summary judgment on the rest. Newman, a former law student expelled after academic and disciplinary issues, alleges Dean Holley made false, malicious statements...

By The Volokh Conspiracy
Brief Challenging California Law Banning Publication of Information About Sealed Arrests
NewsMar 25, 2026

Brief Challenging California Law Banning Publication of Information About Sealed Arrests

The amicus brief challenges California’s anti‑dissemination statute that criminalizes publishing sealed arrest records, arguing it violates the First Amendment. The court granted a special motion to strike, finding the plaintiff’s claims were protected by anti‑SLAPP law and lacked merit. An...

By The Volokh Conspiracy
Possible $5K Sanctions for Repeated Mis-Citation in Coomer V. Lindell / My Pillow Election-Related Libel Suit
NewsMar 25, 2026

Possible $5K Sanctions for Repeated Mis-Citation in Coomer V. Lindell / My Pillow Election-Related Libel Suit

The federal court in Denver has taken a firm stance against careless use of generative AI in litigation. In the defamation suit Coomer v. Lindell, Judge Nina Wang issued an Order on Post‑Trial Motions compelling the defense to show cause...

By The Volokh Conspiracy
What Is The Original Meaning of "Sectarian"?
NewsMar 25, 2026

What Is The Original Meaning of "Sectarian"?

The article examines the original meaning of “sectarian,” tracing its 19th‑century roots as a label for specific denominational doctrines rather than all religion. It highlights the Supreme Court’s *Town of Greece v. Galloway* decision, which allowed non‑generic prayers, and contrasts...

By The Volokh Conspiracy
Trump Administration Agrees to Consent Decree in Missouri V. Biden Social Media Case
NewsMar 24, 2026

Trump Administration Agrees to Consent Decree in Missouri V. Biden Social Media Case

The Trump administration entered a 10‑year consent decree in Missouri v. Biden, prohibiting federal agencies from pressuring major social‑media platforms to censor protected speech. The decree bars the Surgeon General, CDC, and CISA from threatening legal, regulatory, or economic sanctions...

By The Volokh Conspiracy
Court Dismisses Suit Against N.Y. Times & Serial Productions over The Idiot Podcast
NewsMar 24, 2026

Court Dismisses Suit Against N.Y. Times & Serial Productions over The Idiot Podcast

A federal judge in Massachusetts dismissed Allen Gessen’s lawsuit against The New York Times and Serial Productions over their upcoming "The Idiot" podcast. The court found no proper venue for Gessen’s promissory‑estoppel and Lanham Act claims and rejected his requests...

By The Volokh Conspiracy
$14K Sanction for Local Counsel's Not Meaningfully Supervising Out-of-Jurisdiction Counsel
NewsMar 24, 2026

$14K Sanction for Local Counsel's Not Meaningfully Supervising Out-of-Jurisdiction Counsel

The U.S. District Court for the District of Oregon sanctioned local counsel Mr. Murphy $14,205.66—15% of the defendants’ awarded fees—for willfully violating Local Rule 83-3 by not meaningfully supervising out‑of‑jurisdiction attorney Mr. Brigandi. The court found Murphy failed to review...

By The Volokh Conspiracy
Court Dismisses Libel Claim by Ex-Hunter-Biden Business Partner Tony Bobulinski Against Ex-Trump-White-House-Aide Cassidy Hutchinson
NewsMar 24, 2026

Court Dismisses Libel Claim by Ex-Hunter-Biden Business Partner Tony Bobulinski Against Ex-Trump-White-House-Aide Cassidy Hutchinson

A federal judge in Washington dismissed Tony Bobulinski’s defamation lawsuit against former White House aide Cassidy Hutchinson. The court held that Hutchinson’s description of a folded paper or envelope handed to Bobulinski at a November 2020 Trump rally was an...

By The Volokh Conspiracy
Trump Administration Trying to Pressure Broadcasters Not to Schedule Football Game Broadcasts for Same Time as Army-Navy Game
NewsMar 24, 2026

Trump Administration Trying to Pressure Broadcasters Not to Schedule Football Game Broadcasts for Same Time as Army-Navy Game

The White House issued an executive order, “Preserving America’s Game,” directing the FCC and Commerce Department to create an exclusive broadcast window for the Army‑Navy football game. The order seeks to prevent any college football postseason game, including College Football...

By The Volokh Conspiracy
Felon Gun Possession Bans, the Commerce Clause, and the Second Amendment
NewsMar 24, 2026

Felon Gun Possession Bans, the Commerce Clause, and the Second Amendment

The Fifth Circuit affirmed the constitutionality of the federal ban on firearm possession by felons in U.S. v. Williamson, but Judge Don Willett, joined by Judge Cory Wilson, issued a concurrence questioning the ban’s basis in the Commerce Clause. Willett...

By The Volokh Conspiracy
Journal of Free Speech Law: "Making Broadcast Content Regulation Aggressive Again," By Stuart Minor Benjamin
NewsMar 24, 2026

Journal of Free Speech Law: "Making Broadcast Content Regulation Aggressive Again," By Stuart Minor Benjamin

Stuart Minor Benjamin’s article examines the United States’ broadcast‑regulation trajectory, noting that the FCC’s content rules have been largely dormant since the Reagan era. He argues the second Trump administration is poised to revive aggressive oversight, leveraging the public‑interest licensing...

By The Volokh Conspiracy
It's Elementary, My Dear Watson
NewsMar 24, 2026

It's Elementary, My Dear Watson

The Supreme Court heard oral arguments in *Watson v. RNC*, a case asking whether Mississippi may count ballots that arrive after Election Day. The hearing echoed the Court’s lingering anxiety from the 2020 election, with justices probing the risk that...

By The Volokh Conspiracy
Court Rejects Women Inmates' Objections to California Law Related to Housing of "Transgender, Nonbinary, or Intersex" Inmates
NewsMar 23, 2026

Court Rejects Women Inmates' Objections to California Law Related to Housing of "Transgender, Nonbinary, or Intersex" Inmates

A federal district court in California dismissed a lawsuit by six women inmates challenging Senate Bill 132, which requires prison officials to consider gender identity when addressing and housing transgender, nonbinary, or intersex inmates. The judge ruled the court lacks...

By The Volokh Conspiracy
Court Refuses to Block Continued Distribution of DOGE Witness Deposition Videos
NewsMar 23, 2026

Court Refuses to Block Continued Distribution of DOGE Witness Deposition Videos

The Southern District of New York denied the government’s motion for a new protective order to block further distribution of four deposition videos featuring senior federal officials in the DOGE litigation. Judge Colleen McMahon ruled that the videos are not...

By The Volokh Conspiracy
Just on One Day—Last Friday—Six Courts Issued Opinions Noting Fake Cites or Quotes in Briefing
NewsMar 23, 2026

Just on One Day—Last Friday—Six Courts Issued Opinions Noting Fake Cites or Quotes in Briefing

On a single Friday, six U.S. courts—four state appellate courts and two federal district courts—issued opinions flagging fabricated citations or quotations in briefing documents. The cases, ranging from Nebraska to California, involved both attorney‑prepared filings and pro se litigants, suggesting unchecked...

By The Volokh Conspiracy
Injunction Against Further Leafletting by Union Organizer at CEO's Front Door
NewsMar 23, 2026

Injunction Against Further Leafletting by Union Organizer at CEO's Front Door

The New Mexico Court of Appeals upheld a permanent injunction that bars union organizer Adrienne Enghouse from entering CEO Jamie Silva‑Steele’s private residence after she left a union‑related flyer at the front door. The court found Enghouse intended to trespass,...

By The Volokh Conspiracy
Georgia Court Order Apparently Included AI-Hallucinated Cases, Copied From Prosecutor's Proposed Order
NewsMar 22, 2026

Georgia Court Order Apparently Included AI-Hallucinated Cases, Copied From Prosecutor's Proposed Order

The Georgia Supreme Court identified multiple erroneous citations in a 33‑page order denying a new trial for Hannah Payne. Chief Justice Nels Peterson noted at least five non‑existent cases and five misapplied precedents, some directly lifted from the state’s 37‑page...

By The Volokh Conspiracy
Elon Musk Wins Defamation Lawsuit Brought by Someone Musk Allegedly Misidentified in X Post
NewsMar 20, 2026

Elon Musk Wins Defamation Lawsuit Brought by Someone Musk Allegedly Misidentified in X Post

A Texas Court of Appeals ruled that Elon Musk’s X comments about a college student alleged to be a federal agent constitute protected opinion, not defamation. The plaintiff, Brody, was deemed a private figure, limiting any potential damages. The court...

By The Volokh Conspiracy
Judge Blocks Lawyer's Distribution of Animation That Allegedly Shows "Uncommanded Discharge" Of Sig Sauer Pistol
NewsMar 20, 2026

Judge Blocks Lawyer's Distribution of Animation That Allegedly Shows "Uncommanded Discharge" Of Sig Sauer Pistol

Judge Victor Bolden issued a permanent injunction prohibiting attorney Jeffrey Bagnell from using a five‑minute animation that falsely depicts a Sig Sauer P320 pistol discharging without a trigger pull. The court classified the animation as commercial speech under the Lanham...

By The Volokh Conspiracy
For Staten Island, The Interim Docket Is The Final Docket
NewsMar 20, 2026

For Staten Island, The Interim Docket Is The Final Docket

On March 3, 2026, the U.S. Supreme Court granted an emergency stay in the Staten Island redistricting dispute Malliotakis v. Kosinski, effectively ending the case before the midterm elections. The stay was issued per curiam without explanation, and the parties subsequently dismissed the...

By The Volokh Conspiracy
"University of Regina Prof '… Was Not a Pretendian,' Says Judge" In Defamation Case Brought by the Professor
NewsMar 19, 2026

"University of Regina Prof '… Was Not a Pretendian,' Says Judge" In Defamation Case Brought by the Professor

A Saskatchewan judge awarded University of Regina professor $70,000 in damages, finding she was defamed by accusations that she pretended to be Indigenous and used forged documents. The court clarified that the defamation stemmed from fraud allegations, not merely the...

By The Volokh Conspiracy
Mother Ordered Not to Speak Publicly About Child Protection Proceedings; Maine High Court Says Order Violates First Amendment
NewsMar 18, 2026

Mother Ordered Not to Speak Publicly About Child Protection Proceedings; Maine High Court Says Order Violates First Amendment

The Maine Supreme Judicial Court vacated a court‑issued gag order that barred a mother from speaking publicly about her child‑protection case, deeming it an unconstitutional prior restraint. The order had prohibited any media interaction, social‑media posts, or discussion of the...

By The Volokh Conspiracy
"Stalking-Type Behavior"/"Coercive Control" Of Minor Stepdaughter, or "Salutary" "Parental" Behavior?
NewsMar 17, 2026

"Stalking-Type Behavior"/"Coercive Control" Of Minor Stepdaughter, or "Salutary" "Parental" Behavior?

Washington Court of Appeals reversed a domestic‑violence protective order (DVPO) granted to minor stepdaughter Mia against her stepfather George. The appellate panel found the trial court failed to make the statutory findings required for unlawful harassment, stalking, or coercive control,...

By The Volokh Conspiracy
No Defamation Liability for NYU Report Summarizing Court Filing Alleging Prosecutorial Misconduct
NewsMar 17, 2026

No Defamation Liability for NYU Report Summarizing Court Filing Alleging Prosecutorial Misconduct

A federal district court in Pennsylvania ruled that NYU and its law school’s report summarizing a 2007 prosecutorial‑misconduct filing is protected by New York’s absolute fair‑report privilege. The court found the report to be a substantially accurate, often verbatim, summary...

By The Volokh Conspiracy
No Pseudonymity for Plaintiffs Alleging Sean Combs (P. Diddy) Sexually Assaulted Them
NewsMar 17, 2026

No Pseudonymity for Plaintiffs Alleging Sean Combs (P. Diddy) Sexually Assaulted Them

The U.S. Court of Appeals for the Second Circuit affirmed a district court’s denial of pseudonym motions filed by three plaintiffs alleging Sean Combs sexually assaulted them between 1991 and 2007. The panel applied the ten‑factor *Sealed Plaintiff* test and...

By The Volokh Conspiracy