Constitutional Commentary
Articles
The Volokh Briefs: Drawing the Line Against Compelled Speech in Public Accommodations
Although I generally support the result in 303 Creative, my aim here is neither to fully explain nor to defend the decision. That’s a project for another day. Instead, in...
Free Speech Versus Antidiscrimination
Conflicts between free speech and antidiscrimination law make up a substantial subset of Eugene Volokh’s wide-ranging scholarship. That work includes: criticism of those courts that have interpreted expression that would...
Narrow but Deep: The McCulloch Principle, Collective-Action Theory, and Section Three Enforcement
In Trump v. Anderson, 144 S. Ct. 662 (2024), the Supreme Court of the United States held that the Colorado Supreme Court erred in excluding former President Donald J. Trump...
Book Reviews
Prohibition Constitutionalism
This Review describes and applauds David Pozen’s book, The Constitution of the War on Drugs, and offers its own intervention. Scholars have traced the failed addiction policies exemplified by...