Geof Stone and I on "The State of Free Speech in 2026" (from the National Constitution Center)

🔮 The Indictment alleges that Holmes posted on that account several statements against the Jewish community and Israel, including: "The jew will be destroyed and discarded," "From the river to the sea every Jew will die," "You inbred people will all die," and "Die Jew."

🔮 When reviewing whether the evidence was sufficient to support the issuance [or extension] of a 258E order, we consider [consistently with the statutory requirements] whether, "by a preponderance of the evidence, together with all permissible inferences," the judge could have found "that the defendant had committed '[three] or more acts of willful and malicious conduct aimed at a specific person committed with the intent to cause fear, intimidation, abuse or damage to property and that [did] in fact cause fear, intimidation, abuse or damage to property.'"

🔮 The Volokh Conspiracy Mostly law professors | Sometimes contrarian | Often libertarian | Always independent New from Reason: a look into what Javier Milei has accomplished and what it will take to make the most of Argentina’s window for real change.

🔮 The Volokh Conspiracy Mostly law professors | Sometimes contrarian | Often libertarian | Always independent New from Reason: a look into what Javier Milei has accomplished and what it will take to make the most of Argentina’s window for real change.

🔮 The original TRO—the one actually issued on July 20, 2025—named as plaintiffs eleven individuals and organizations who had never been party to the case; named as defendants two officials who were not actually sued; claimed, without evidence, that three post-secondary institutions had already cancelled DEI initiatives or programming because of the act; further declared, again without evidence, that staff at another school had been told not to discuss certain topics, including "historical interpretations involving systemic racism"; misquoted H.B. 1193 as applying to "race or sex stereotyping," "race or sex scapegoating," "critical race theory," and "institutional bias," despite none of these terms' appearing in the act's text; and referenced purported declarations of four individuals who do not appear in the record at all and may not even exist….

🔮 Critics fear that the Department of Justice's antitrust division will overlook mergers when it is convenient for the administration.

🔮 Body armor may be used more today than Defendants' understanding of its use in 1791.

🔮 Readers might want to know: How often do civilians use guns to help stop shooters who pose ongoing threats to multiple people?

🔮 The reality is that our en banc court is often unable or unwilling to fix things at odds with Supreme Court precedent.

🔮 Mostly law professors | Sometimes contrarian | Often libertarian | Always independent From a press release last month, just posted on Westlaw: N.C. Detective Agency, a Durham-based security company, will pay $65,231 in compensatory damages and back pay, and take other corrective actions to voluntarily resolve a religious discrimination investigation by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.