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The Volokh Conspiracy
Feb 25, 2026 from The Volokh Conspiracy

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

From Monday's decision by Judge Edward Chen in Barroca v. Hayward Area Recreation & Parks Dist. (N.D. Cal.): Plaintiff also… The post No First Amendment Right to Film Others' Party in Public Park, ...

The Volokh Conspiracy
Feb 25, 2026 from The Volokh Conspiracy

Thoughts on the Potential Broader Significance of the Supreme Court's Tariff Decision

Only time will tell how great the impact of the ruling will really be. But, at this point, it seems like a very significant decision.

The Volokh Conspiracy
Feb 25, 2026 from The Volokh Conspiracy

Today in Supreme Court History: February 25, 1841

2/25/1841: Justice Phillip Barbour dies. The post Today in Supreme Court History: February 25, 1841 appeared first on Reason.com.

The Volokh Conspiracy
Feb 25, 2026 from The Volokh Conspiracy

Open Thread

What’s on your mind?

The Volokh Conspiracy
Feb 24, 2026 from The Volokh Conspiracy

New in City Journal: "Trump's Tariff Loss Is the Worst Judicial Defeat in Presidential History"

"From Jefferson to Lincoln, Nixon to Bush, no president’s agenda has been so thoroughly undercut by the Supreme Court."

The Volokh Conspiracy
Feb 24, 2026 from The Volokh Conspiracy

Final Version, "Data Scanning and the Fourth Amendment"

Especially relevant for United States v. Chatrie, the geofence warrant case.

The Volokh Conspiracy
Feb 24, 2026 from The Volokh Conspiracy

My New Boston Globe Article on Why "Trump's New Tariffs are Another Dangerous Presidential Power Grab"

The article explains why the new Section 122 tariffs are illegal, and courts should strike them down, when (as is likely) lawsuits are filed against them.

The Volokh Conspiracy
Feb 24, 2026 from The Volokh Conspiracy

Does Section 230 Immunize Twitter's Knowing Possession of Child Sex Abuse Materials?

A recently filed cert petition presents this important issue to the U.S. Supreme Court.

The Volokh Conspiracy
Feb 24, 2026 from The Volokh Conspiracy

The Saving Construction in NFIB and the Anti-Saving Construction in Learning Resources

Six justices found that the best reading of statute supports the government, but only three applied the major question doctrine. Why wasn't this a reversal?

The Volokh Conspiracy
Feb 24, 2026 from The Volokh Conspiracy

Don't Go to the State of the Union

Let the Wilsonian Nightmare End

The Volokh Conspiracy
Feb 24, 2026 from The Volokh Conspiracy

Court Requires That Vulgar Criticism of Mayor Be Obscured, but Eventually Changes Course

From a press release by Daniel A. Horwitz (Horwitz Law, PLLC), who prevailed in the case; I've worked with him… The post Court Requires That Vulgar Criticism of Mayor Be Obscured, but Eventually Ch...

The Volokh Conspiracy
Feb 24, 2026 from The Volokh Conspiracy

Arrest of Commenter at City Council Meeting for Accusing Police of Being "Fascist" and "Pro Domestic Abuse" Violated First Amendment

An excerpt from yesterday's long decision by Chief Judge Stephanie Rose (S.D. Iowa) in Petersen v. City of Newton: The… The post Arrest of Commenter at City Council Meeting for Accusing Police of B...

The Volokh Conspiracy
Feb 24, 2026 from The Volokh Conspiracy

Today in Supreme Court History: February 24, 1930

2/24/1930: Chief Justice Charles Evans Hughes takes oath. The post Today in Supreme Court History: February 24, 1930 appeared first on Reason.com.

The Volokh Conspiracy
Feb 24, 2026 from The Volokh Conspiracy

Open Thread

What’s on your mind?

The Volokh Conspiracy
Feb 23, 2026 from The Volokh Conspiracy

UC's National Center for Free Speech and Civic Engagement $15K Non-Residential Fellowships (Applications Due March 21)

From the webpage: Applications are due by Monday, March 30th at midnight. If you have questions, please feel free to… The post UC's National Center for Free Speech and Civic Engagement $15K Non-Res...

The Volokh Conspiracy
Feb 23, 2026 from The Volokh Conspiracy

My New Dispatch Article on the Tariff Decision, its Implications - and a Key Issue the Court Did Not Resolve

The Court stopped a massive presidential power grab, but did not resolve a crucial issue about judicial review of executive use of emergency powers.

The Volokh Conspiracy
Feb 23, 2026 from The Volokh Conspiracy

How Should The Non-Delegation Doctrine and the Major Question Doctrine Apply to Foreign Affairs?

Justices Thomas and Kavanaugh raise important issues that Justice Gorsuch and Chief Justice Roberts do not fully address.

The Volokh Conspiracy
Feb 23, 2026 from The Volokh Conspiracy

Climate Change Goes Back to the Supreme Court -- Colorado Edition

The Supreme Court granted certiorari in Suncor Energy v. County Commissioners of Boulder County

The Volokh Conspiracy
Feb 23, 2026 from The Volokh Conspiracy

The Roberts Court Rejects Trump's Tariffs

An initial take on Learning Resources v. Trump.

The Volokh Conspiracy
Feb 23, 2026 from The Volokh Conspiracy

Litigation Breeds Litigation + Follow-Up to Lawsuit Against Pro-Palestinian / Anti-Semitic Protesters Outside Synagogue

From Friday's decision by Judge Shalina Kumar (E.D. Mich.) in Susselman v. Attorney Grievance Comm'n (for more on the Sixth… The post Litigation Breeds Litigation + Follow-Up to Lawsuit Against Pro...

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