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The Volokh Conspiracy
Sep 18, 2026 from The Volokh Conspiracy

Today in Supreme Court History: September 18, 1857

9/18/1857: Justice John Hessin Clarke's birthday. The post Today in Supreme Court History: September 18, 1857 appeared first on Reason Magazine.

The Volokh Conspiracy
Sep 18, 2026 from The Volokh Conspiracy

Second Circuit Rejects Limits on Border Searches of Cell Phones

And why I think they are wrong, and the Supreme Court should step in.

The Volokh Conspiracy
Sep 18, 2026 from The Volokh Conspiracy

Open Thread

What’s on your mind?

The Volokh Conspiracy
Sep 18, 2026 from The Volokh Conspiracy

Second Amendment Roundup: 5th Circuit En Banc to Rehear Felon Gun Ban Cases

Two cases raise Commerce Clause and Second Amendment issues.

The Volokh Conspiracy
Sep 17, 2026 from The Volokh Conspiracy

The 1940s: "A Systematic Avalanche of Falsehoods"

During World War II, hate speech laws were proposed and passed across the country.

The Volokh Conspiracy
Sep 17, 2026 from The Volokh Conspiracy

Influencer Haley Kalil's Remarks About Ex-Husband Matt Kalil's Penis Size Were "Newsworthy," and Thus Not Tortious

Because her comments came in describing her marriage and her divorce, she "was discussing her life, not Matt's, and the law generally protects a person's speech about herself, even though such spee...

The Volokh Conspiracy
Sep 17, 2026 from The Volokh Conspiracy

Iran's Expanding Campaign Against Jewish Targets Outside Israel

One disturbing aspect of the surge in antisemitic violence since October 7 has received relatively little attention: Western governments say… The post Iran's Expanding Campaign Against Jewish Targe...

The Volokh Conspiracy
Sep 17, 2026 from The Volokh Conspiracy

Not Using A Smartphone Burdens Others

It is increasingly difficult to function in society without a phone. So I'll turn mine off.

The Volokh Conspiracy
Sep 17, 2026 from The Volokh Conspiracy

Seven Federal Judges From Minnesota Talk To The N.Y. Times About Trump Administration

“It’s the rule of law. If you don’t have it, you have either anarchy or you have authoritarianism. You have Russia or you have China or you have North Korea.”

The Volokh Conspiracy
Sep 17, 2026 from The Volokh Conspiracy

Disability Accommodations "That Fundamentally Change Court Proceedings, Could Alter the Court's Substantive Decisions," …

"or affect any other parties' due process rights ... are not reasonable."

The Volokh Conspiracy
Sep 17, 2026 from The Volokh Conspiracy

Strip Searches Generally Aren't Allowed as Searches Incident to Arrest, Third Circuit Holds,

thus deepening a circuit split. (Note that strip searches are generally allowed when and if the arrestee is placed in the general population of the jail.)

The Volokh Conspiracy
Sep 17, 2026 from The Volokh Conspiracy

Free Speech Unmuted: Spoiler Alert: Can You Get Sued For Revealing A Plot Point?

A deepish dive into how copyright law and the First Amendment interact.

The Volokh Conspiracy
Sep 17, 2026 from The Volokh Conspiracy

Today in Supreme Court History: September 17, 1787

9/17/1787: The Constitution is signed. Happy Constitution Day! The post Today in Supreme Court History: September 17, 1787 appeared first on Reason Magazine.

The Volokh Conspiracy
Sep 17, 2026 from The Volokh Conspiracy

Open Thread

What’s on your mind?

The Volokh Conspiracy
Sep 17, 2026 from The Volokh Conspiracy

Nearly 50% of West Bank Palestinians Says Israel Does Not Have A Right To Exist

What "From The River To The Sea" Actually Means

The Volokh Conspiracy
Sep 16, 2026 from The Volokh Conspiracy

Use of Flock Cameras Is Not a Fourth Amendment "Search," District Court Rules

The first post-Chatrie ruling on the question.

The Volokh Conspiracy
Sep 16, 2026 from The Volokh Conspiracy

Montreal Economic Institute Webinar on Legal Challenges to the Trump Tariffs Against Canadian Goods

I will be one of the speakers.

The Volokh Conspiracy
Sep 16, 2026 from The Volokh Conspiracy

Defamation via Songs and AI-Generated Video? U Tenn Coach's Claim Can Go Forward

"[D]efendant purportedly posted more than 20 videos ... attacking plaintiff's character with 'blatantly false allegations of wrongdoing' and 'highly offensive and demeaning fake [AI] videos.'"

The Volokh Conspiracy
Sep 16, 2026 from The Volokh Conspiracy

Firing of Employee for Kirk-Murder-Related Post Wasn't a Clear First Amendment Violation,

so the individual defendants are entitled to qualified immunity, a court rules (citing cases where employees were fired for right-wing speech that many had likewise found offensive).

The Volokh Conspiracy
Sep 16, 2026 from The Volokh Conspiracy

Doxing Suit over Post Criticizing Government Employee's Kirk-Murder-Related Post …

rejected on First Amendment grounds.

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