The Volokh Conspiracy

Entries

• Free Speech Claim by Government Employee Fired for Posts Complaining About 2020 St. Louis Riots Can Go Forward
  February 27, 2026

  From Winterbauer v. City of St. Louis, decided yesterday by Judge Maria Lanahan (E.D. Mo.): Christina Winterbauer was...

• Today in Supreme Court History: February 27, 1901
  February 27, 2026

  2/27/1901: Champion v. Ames argued.   The post Today in Supreme Court History: February 27, 1901 appeared first on Re...

• Open Thread
  February 27, 2026

  What’s on your mind?

• New in The Free Press: "Trump's Religious Liberty Commission Was Hijacked by an Antisemite"
  February 27, 2026

  "As antisemitism grows on both sides of the political spectrum, we should be wary of those who use their faith to spr...

• National Constitution Center "We the People" Podcast About the Supreme Court Tariff Decision
  February 27, 2026

  I was one of the participants, along with Zach Shemtob (SCOTUSblog) and Julie SIlverbrook (NCC).

• Executive Order Excluding Federal Agencies from Collective Bargaining Requirements Was Wrongly Enjoined, Ninth Circuit Holds
  February 26, 2026

  From today's opinion in Am. Fed. of Gov't Employees v. Trump, by Judge Daniel Bress, joined by Judges John Owens… The...

• Society for the Rule of Law Podcast About the Tariff Decision.
  February 26, 2026

  Gregg Nunziata interviewed me.

• New in Civitas: "The False Equivalence of Multicultural Day"
  February 26, 2026

  "Multicultural Day is a gateway drug to DEI."

• "Someone Must Have Taken the Bar Exam for You" Was Just Insult, Not Libel
  February 26, 2026

  From Lucey v. Kinnon, decided Dec. 15 by the Massachusetts Appeals Court, in an opinion by Justice John Englander, jo...

• Interesting "Hate Crime" Opinion
  February 26, 2026

  According to PBS, the crime in the case was the "first federal trial over a hate crime based on gender identity."

• Today in Supreme Court History: February 26, 1869
  February 26, 2026

  2/26/1869: The 15th Amendment is submitted to the states. The post Today in Supreme Court History: February 26, 1869 ...

• Open Thread
  February 26, 2026

  What’s on your mind?

• Thoughts on the Supreme Court Oral Argument in the Pung v. Isabella County Takings Case
  February 26, 2026

  Most of the discussion was focused on the wrong issue. What matters under the Takings Clause is not the "fairness" of...

• Constitutional Challenge to Texas Law on "Prurient" Drag Shows Sent Back to District Court
  February 25, 2026

  From Judge Kurt Engelhardt, joined by Judge Leslie Southwick  in today's Woodlands Pride, Inc. v. Paxton (Judge James...

• Anti-"Queer" Speech Is Constitutionally Protected—but Not Parked in Multiple Spaces
  February 25, 2026

  From Judge Waverly Crenshaw (M.D. Tenn.) Monday in Wattenbarger v. City of Crossville (M.D. Tenn.): "Queers stay away...

• "The New Global Tariffs Are Also Unlawful," by Philip Zelikow
  February 25, 2026

  A very interesting article by my Hoover Institution colleague Philip Zelikow, who is an emeritus history professor (m...

• Anthropic, the Pentagon, and the Defense Production Act
  February 25, 2026

  Prof. Alan Rozenshtein (Minnesota) has a very interesting item on this today at Lawfare; I'm not an expert on the… Th...

• From SOTU to SCOTUS
  February 25, 2026

  The Chief Justice granted my motion.

• X and XXX (but No XX): No Revenge Porn Liability for X Based on X User's Alleged Illegal Posting of Commercial Porn Depicting Plaintiff
  February 25, 2026

  From today's order by Chief Judge Reed O'Connor (N.D. Tex.) in Doe v. X Corp.: [The federal] Non-Consensual Intimate ...

• No First Amendment Right to Film Others' Party in Public Park, Even to Try to Document Alleged Ordinance Violations
  February 25, 2026

  From Monday's decision by Judge Edward Chen in Barroca v. Hayward Area Recreation & Parks Dist. (N.D. Cal.): Plaintif...