• Appellate Court Upholds Constitutionality of Federal Hate Crimes Act Conviction Based on the Commerce Clause

    The US Court of Appeals for the Fourth Circuit recently issued a notable  decision upholding the constitutionality of a federal Hate Crimes Act prosecution, by concluding that Congress' power to regulate interstate commerce gives it the power to ban the conduct in question. In United States v. Hill, the court issued a divided 2-1 ruling overturning a district court decision that invalidated the conviction of an Amazon employee who assaulted a gay co-worker out of homophobic motives.

  • Calling All Guamanians

    I'm investigating what seems to be an interesting and unconstitutional prior restraint on a media outlet imposed by a Guam Superior Court judge. Any of our readers Guam lawyers (or connected go Guam lawyers), Guam media folks, or otherwise Guam-linked? If you are, and are willing to chat with me briefly about this, please e-mail me at volokh at law.ucla.edu. Thanks!

  • Let God Tweet

    We did it, America. After letting our social media panic rise for years, we finally helped convince Twitter to ban God.

  • Special Visas for the Rust Belt?

    With birth rates plunging and baby boomers retiring, the American economy is going to need workers. Unless someone comes up with a magical formula to boost fertility, that means we'll need more immigrants.

  • Some State Booze Laws Are Improving, Others Are Only Getting Worse

    This month, Denver announced it would roll back some restrictions on drinking in public. Elsewhere, a new North Carolina law loosened some beer-distribution rules.

  • Stop Treating Government With Respect

    The government in the United States has increasingly become a powerful weapon that two warring tribes repeatedly seize control of and then use against each other. For those of us who are averse to being smashed, it's long past time to consider the machinery of the state as nothing more than a bludgeon in the hands of dangerous maniacs.

  • Who Are You?

    Tell us a bit about yourselves.

  • Vermont Supreme Court Reads Revenge Porn Law Narrowly

    In State v. VanBuren (2018), the Vermont Supreme Court held that the state's ban on distributing nonconsensual pornography was facially constitutional, despite the First Amendment; but just last week, it concluded that the statute didn't apply to someone sharing a photo that the subject had "sexted" to someone with whom she had no present romantic relationship, First, the facts:

  • Bayer to Waste $5.6 Billion Trying to Appease Anti-Pesticide Activists

    Trial lawyers have managed to bamboozle three American juries so far into showering billions of dollars onto their suffering clients based on the scientifically bogus claim that exposure to Bayer's glyphosate (sold as Roundup here) weedkiller gave them cancer.

  • The Feds Want To Subject Every Burning Man Attendee to a Warrantless Drug Search

    Burning Man is a week-long gathering dedicated to art and temporary community that happens every year the week before Labor Day on Nevada's Black Rock Desert. The land it is held on is federally owned and managed by the Bureau of Land Management (BLM), which imposes a set of permit requirements on the event. Burning Man has a reputation for sometimes illegal revelry, and saw over 43 arrests last year, a vast majority for drugs. That was a lower number of arrests than the 58 the year before, for...

  • A Judge Called His Mandatory Sentence 'Excessive' and 'Wrong.' Less Than a Year Later He Died In Federal Prison

    Less than a year after being sentenced to prison for 40 years under a mandatory minimum sentence that the judge declared "excessive" and "wrong," Frederick Turner, 38, was found dead in his cell at a high-security federal lockup in Colorado on Wednesday, according to a criminal justice advocacy group.

  • If Trump Doesn't Want a War With Iran, He Should Stop Pushing Iran Towards War

    Four tankers off the Emirati coast were damaged last month by what investigators concluded were explosives attached to the ships' hulls. The Trump administration immediately pointed to Iran or Iranian-directed proxies as the perpetrators of the attacks. Yesterday, two more ships were attacked near the Strait of Hormuz. And for the second time, Trump administration officials blamed Tehran for the incident, citing a grainy, black-and-white video of an Iranian vessel purportedly approaching one of...