The Latest Breaking News from Eugene Volokh

Gov. Ron DeSantis says a plate featuring the Revolutionary War-era Gadsden flag sends a "clear message to out-of-state cars." Others say the flag symbolizes a dangerous far-right extremist ideology.

That statute disqualifies a person from "holding any office under the United States."

Infowars conspiracy theorist Alex Jones is facing a hefty price tag for his lies about the Sandy Hook Elementary School massacre — $49.3 million in damages and counting — for claiming the nation’s deadliest school shooting was a hoax

Do First Amendment claims about racial preferences hold water?

As I mentioned yesterday, ten years ago I wrote a descriptive and analytical law review article called Private Employees' Speech and Political Activity: Statutory Protection Against Employer Retaliation, which aimed to catalog these often-little-known statutes. This year, I'm returning to the subject, trying to analyze the strongest arguments for and…

The Constitution limits the government's—including government employers'—power to discriminate based on race, sex, or religion. A federal statute and statutes in nearly all states applies these norms to private employers as well. Many libertarians disapprove of any such restrictions on private employers; but for nearly 60 years, American law has…

[I'm working on a draft article called When Are Lies Constitutionally Protected?, and I thought I'd serialize it here, since I still have plenty of time to improve it; I'd love to hear your thoughts on it! (You can also read the whole article here; all the posts about it…

LOS ANGELES — For years, the relationship between Miranda and Richard Wallingford and their Huntington Beach neighbor Jessica Nguyen has been unhappy — if not outright hostile.

It's Eugene Volokh, The Law of Pseudonymous Litigation, 73 Hastings L.J. 1353 (2022); I hope it's a useful resource for judges, lawyers, professors, students, and even pro se litigants. I've tried to make it both analytical (setting forth in detail the key policy arguments and the key internal doctrinal structures)…

Several states are retaining subjective criteria for carry permits or imposing new restrictions on gun possession.

SACRAMENTO, Calif. — Less than a month after the U.S. Supreme Court ruled against restrictions on carrying firearms in public in a substantial victory for Second Amendment advocates, California Gov. Gavin Newsom has signed at least three major gun control measures into law to restrict access to the weapons and…