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Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal
The Volokh Conspiracy
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Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal
Fabricated identities, fictitious daycares, and made-up laws.
John Ross | 8.28.2026 3:30 PM
Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice.
New case! IJ clients Charles and Eli Copley own 50 wooded acres in Roxbury, Conn., where they've always welcomed hikers for a small hourly fee, an absolutely harmless use that is not visible to the neighbors. But the town says that might violate the zoning code—just not any part of the code that is written down—and the Copleys haven't been able to have any hikers for a year. Outrageous! Click here to learn more.
New on the Short Circuit podcast: Our #12Months12Circuits series makes it to the Eighth. There's irreparable harm and contractor speech.
Today in news you can use: Check your prospective interns' resumes and references! A Project Veritas undercover journalist fabricated a false identity to infiltrate a Democratic political consulting firm, and some of her recorded material was used in an embarrassing series of YouTube videos that caused major clients to ditch the firm. Firm sues reporters and wins a big verdict. D.C. Circuit (over a partial dissent): While her fraudulent actions may have been tortious, most of the videos were fully protected by the First Amendment, so the jury's award here must be overturned because it didn't specifically tie damages to the fraudulently procured aspects. New Hampshire parents (and a grandparent) are barred from school property after wearing pink wristbands at high school soccer game in protest of a trans player on the visiting team. First Circuit: Seems like a First Amendment problem. Congress reformed the immigration removal system three decades ago, allowing some—but not all—aliens to be released on bond pending their hearing. A regulation issued soon after explaining that bond was available only for people already within the U.S., not for those arriving at the border. The feds reversed course last summer; now, no bond for any aliens. Cool? Fifth, Eighth circuits: Yup. First, Second, Sixth, Seventh, Ninth, Tenth, Eleventh, and now Third circuits: No. If you've been sued and are worried you've waived your rights to invoke arbitration against putative class members, rest assured the Third Circuit says you'll be OK even if you wait 55 months. And the Third Circuit also says if you've taken some depositions first, no worries, arbitration can still be on like Donkey Kong. During an oversight visit to a federal........© Reason.com
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