News
Court backs first-grader in suit over school reaction to ‘any life’ matters drawing
2+ hour, 32+ min ago (962+ words) Can a "schoolyard dispute" warrant federal court intervention? Do first-graders have First Amendment rights? The U.S. Court of Appeals for the 9th Circuit just gave a resounding yes to both questions. The case centers on a first-grader identified in court documents as…...
Who's Being Pornographic Here? (And Were Pornography Allegations Related to School Library Book Reading Defamatory?)
4+ day, 8+ hour ago (460+ words) Eugene Volokh | 3.13.2026 8:29 AM From yesterday's opinion in Wilburn v. Guthrie by the Colorado Court of Appeals (Judge Karl Schock, joined by Judges Matthew Grove and David Yun): In response, Wilburn'who believed that certain books should not be available in public schools'read…...
Equal Protection Clause Challenge to Single-Sex Public School Classes Can Go Forward
1+ week, 6+ day ago (191+ words) Plus, some allegations of some unusual teacher behavior in the boys' class. Eugene Volokh | 3.3.2026 5:41 PM For a different view, see Vorchheimer v. School Dist. of Philadelphia (3d Cir. 1976). Note that, whatever the general theory behind sex-segregated classes, the implementation, as alleged by…...
Parental Rights Not to Have School Hide Child's Social Gender Transition / Parental Rights to Provide Child with Surgical or Hormonal Gender Transition
2+ week, 19+ hour ago (235+ words) Eugene Volokh | 3.2.2026 8:53 PM Justice Kagan's dissent, joined by Justice Sotomayor, argues: There is a long tradition of permitting state governments to regulate medical treatments for adults and children. So long as a federal statute does not stand in the way…...
S. Ct. Reinstates Trial Court Injunction Blocking Cal. Policy Limiting Schools' Disclosure to Parents of Student's Changed Gender Identity
2+ week, 21+ hour ago (316+ words) Religion and the Law Eugene Volokh | 3.2.2026 7:48 PM From today's opinion in Mirabelli v. Bonta: [Plaintiff] parents object that [California] policies prevent schools from telling them about their children's efforts to engage in gender transitioning at school unless the children consent to…...
First Amendment Protects Right to Use Nudity as Protest (There, a Pro-Trans Protest) in Public
2+ week, 4+ day ago (562+ words) So the Washington Supreme Court said yesterday, though other courts have disagreed. Eugene Volokh | 2.27.2026 8:37 AM [1.] Some states and municipalities ban public nudity generally, but some, like Washington, ban only nudity that is "lascivious," which is to say involving some sexual…...
Constitutional Challenge to Texas Law on "Prurient" Drag Shows Sent Back to District Court
2+ week, 5+ day ago (394+ words) Eugene Volokh | 2.25.2026 5:18 PM From Judge Kurt Engelhardt, joined by Judge Leslie Southwick" in today's Woodlands Pride, Inc. v. Paxton (Judge James Dennis, who had been a member of the original panel and had dissented in part, retired from service since then…...
Anti-"Queer" Speech Is Constitutionally Protected—but Not Parked in Multiple Spaces
2+ week, 6+ day 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…...
Stalking Allegations, Defamation and Malicious Prosecution Claims, and Professors, with a Trans Angle
1+ mon, 8+ hour ago (246+ words) Eugene Volokh | 2.17.2026 8:01 AM In July 2023, plaintiff Dustin Duncan commenced this defamation action against defendants Dick Blick Holdings, Inc. ", and Sawyer Allen, a/k/a Sawyer Quinn " related to various social media posts Allen made while employed by Blick that accused…...
Security Clearance Denied for Past Child Porn Downloading; Hearing Officer Unmoved by Claims That Behavior Stemmed from Since-Resolved Gender Dysphoria
3+ week, 6+ day ago (579+ words) "Applicant believed she was pre-adolescent or during adolescence when she was downloading images of children on her computer in 2013 to 2014 even though she was chronologically about 30 years old." Eugene Volokh | 2.18.2026 8:57 AM Applicant is a 42-year-old senior principle cyber software engineer…...