The Aporia · Open Thread

Eugene Volokh

144 article(s) here · 0 carrying a prediction

🔮 Even in First Amendment cases, where the facial-challenge bar is lower than it otherwise might be, the plaintiff [in a facial challenge] must show that "a substantial number of [the law's] applications are unconstitutional, judged in relation to the statute's plainly legitimate sweep."

2026-10-15 · assertive framing · Eleventh Circuit Rejects Netchoice's Challenge to Georgia Law Restricting Under-16-Year-Old Social Media Access

🔮 Officers who violate the law may be criminally prosecuted by the State.

2026-10-15 · assertive framing · California Law Generally Requiring Federal Law Enforcement Officers to Display ID Violates Supremacy Clause

🔮 The standard for the granting of Pseudonym status can be found in Practice Book § 11–20A(h)(1) which provides in pertinent part: "Pseudonyms may be used in place of the name of a party or parties only with the prior approval of the judicial authority and only if the judicial authority concludes that such order is necessary to preserve an interest which is determined to override the public's interest in knowing the name of the party or parties.

2026-10-15 · assertive framing · No Pseudonymity for Apparent Hazer Suing University for Supposedly Improper Actions Against Her

🔮 It would hold up only if websites have an inherent expressive value that differs from the expressive value inherent in all books.

2026-10-14 · assertive framing · Florida "Addictive Features" Social Media Restrictions on Minors Likely Constitutional, Eleventh Circuit Holds

🔮 While any one of FirstBank's services to Epstein may be claimed to be "routine" (though in many instances even that is suspicious), together, the complaint alleges that FirstBank was deeply enmeshed in Epstein's misconduct for its own financial benefit….

2026-10-14 · assertive framing · Lawsuit Alleging Bank Played Role in Facilitating "Jeffrey Epstein's … Sex-Trafficking Operation" Can Go Forward

🔮 We hold that some predicate crimes (like Bost's conviction for terroristic threats) demonstrate a prima facie risk of physical violence from misusing guns and that those convicted of such crimes may presumptively be disarmed based on those convictions alone….

2026-10-14 · assertive framing · Second Amendment Rights Forfeited by Past Terroristic Threats Conviction

🔮 However, when it came to Pride events, the newsroom was deviating from its typical editorial review process, and many reporters were beginning to go cover stories about Pride festivals as soon as they heard that the event was taking place—without discussing with the rest of the newsroom whether the story ought to be covered, whether it was duplicative of another story that had recently aired, or whether some unique aspect of the story could be explored in a way that highlighted the story's overall newsworthiness.

2026-10-14 · assertive framing · TV Station News Managers Fired for Allegedly Anti-Gay Memo Win >$4M from Nexstar Media

🔮 The Court will grant that motion as well, finding that Plaintiffs are likely to succeed not only on their due process claim, but also on their two First Amendment claims.

2026-10-14 · assertive framing · Court Issues Preliminary Injunction Requiring CNN, MS NOW, and Politico to Be Readmitted to White House

🔮 But if you submit exclusively to us before that, we will give you an answer within 14 days; and then if you'd like to have it published quickly, we can publish it in within a few months, if it's sufficiently clean and cite-checked by your research assistant.

2026-10-13 · assertive framing · Submit Your Articles to the Journal of Free Speech Law, Before You Circulate Them to the Law Reviews

🔮 Two NAMI supporters, whom we will call "June" and "Lynn," names we have randomly chosen in the interest of their privacy, were employees of a large health-insurance company and arrived early to set up a picnic area and booth to greet their participating coworkers and provide information about their employer.

2026-10-13 · assertive framing · Interesting Criminal Case on Proving Intent to Cause Fear, Stemming from Confrontation at Protest

Also by Eugene Volokh

Open Thread

2026-10-16 · Reason

Eleventh Circuit Rejects Netchoice's Challenge to Georgia Law Restricting Under-16-Year-Old Social Media Access

2026-10-15 · Reason

California Law Generally Requiring Federal Law Enforcement Officers to Display ID Violates Supremacy Clause

2026-10-15 · Reason

No Pseudonymity for Apparent Hazer Suing University for Supposedly Improper Actions Against Her

2026-10-15 · Reason

Nothing else under this byline is closely related to this article, so these are simply their most recent.

All 144 articles by Eugene Volokh →