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The ACLU, long leery of the Second Amendment, joins the NRA in urging SCOTUS to uphold pot users' gun rights
5+ hour ago (578+ words) The ACLU's position puts it on the same side as the National Rifle Association (NRA). Although this is not the first time that has happened, it is the first time it has happened in a Second Amendment case. The confluence…...
Anti-"Queer" Speech Is Constitutionally Protected—but Not Parked in Multiple Spaces
5+ hour, 39+ min ago (272+ words) Eugene Volokh | 2.25.2026 3:36 PM From Judge Waverly Crenshaw (M.D. Tenn.) Monday in Wattenbarger v. City of Crossville (M.D. Tenn.): "Queers stay away from our children. You're ruining America." That was one of several messages Wattenbarger displayed on banners affixed to his truck and horse…...
"The New Global Tariffs Are Also Unlawful," by Philip Zelikow
6+ hour, 44+ min ago (296+ words) Eugene Volokh | 2.25.2026 2:30 PM A very interesting article by my Hoover Institution colleague Philip Zelikow, who is an emeritus history professor (mostly specializing in the history of American foreign affairs) at the University of Virginia, but also a lawyer; here are…...
Anthropic, the Pentagon, and the Defense Production Act
6+ hour, 55+ min ago (276+ words) Eugene Volokh | 2.25.2026 2:20 PM Prof. Alan Rozenshtein (Minnesota) has a very interesting item on this today at Lawfare; I'm not an expert on the subject, so I can't offer an independent evaluation, but I thought it was worth passing along. (Let…...
From SOTU to SCOTUS
7+ hour, 17+ min ago (727+ words) The Chief Justice granted my motion. Josh Blackman | 2.25.2026 1:58 PM It's been a busy twenty-four hours. Yesterday evening, Steve Vladeck and I chatted about the emergency/shadow docket at the Georgetown Federalist Society. There was more agreement than you might expect....
Peru's Marxist president changes his mind, doesn't make Hernando de Soto prime minister
8+ hour ago (346+ words) On Monday, Balc'zar told Peruvian news outlet Exitosa that the country must turn to de Soto "to guarantee [Peru's] economic model and ensure that the new president of the republic'has clear guiding principles and no economic shocks."" De Soto explored…...
Pentagon to Anthropic: If you won't let us use your AI for mass surveillance or autonomous weapons, expect punishment
8+ hour, 15+ min ago (1410+ words) The U.S. Department of Defense is in a standoff with artificial intelligence developer Anthropic over the company's refusal to let the government use its products for autonomous weapons and mass surveillance of U.S. citizens. You are reading Sex & Tech, from Elizabeth Nolan…...
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
8+ hour, 42+ min ago (159+ words) Eugene Volokh | 2.25.2026 12:33 PM From today's order by Chief Judge Reed O'Connor (N.D. Tex.) in Doe v. X Corp.: Here's the heart of the analysis (though the full opinion also deals with some other complicated statutory arguments): Under Plaintiff's theory, however, any unlicensed…...
No First Amendment Right to Film Others' Party in Public Park, Even to Try to Document Alleged Ordinance Violations
9+ hour, 10+ min ago (190+ words) Eugene Volokh | 2.25.2026 12:04 PM From Monday's decision by Judge Edward Chen in Barroca v. Hayward Area Recreation & Parks Dist. (N.D. Cal.): Plaintiff also asserts a First Amendment claim based on an incident in which a park ranger told him to stop filming a…...
Will the Trump administration pay the tariff refunds it promised?
9+ hour, 15+ min ago (648+ words) In the days since President Donald Trump's tariffs were struck down by the Supreme Court, administration officials and the president himself have signaled an unwillingness to refund hundreds of billions of dollars of illegally collected taxes. That's despite the fact…...
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