Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution at Stanford, and the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. Naturally, his posts here (like the opinions of the other bloggers) are his own, and not endorsed by any institution. He is also the co-host of the Free Speech Unmuted podcast.
Eugene Volokh
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First Amendment May Protect First-Grader's Giving Black Classmate "Black Lives Mater Any Life" Drawing
So holds a Ninth Circuit panel, though reinforcing the Ninth Circuit's view that allegedly "derogatory and injurious remarks," including political speech, "directed at students' minority status" can be punished.
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Auto-post somehow failed today, so I've manually posted this. Enjoy as usual!
Philosophy Prof, Discussion of Adult-Child Sex Bans, and the First Amendment
SUNY Fredonia philosophy professor had been barred from campus over podcast questioning illegality and immorality of adult-child sexual contact; a federal court has just allowed his First Amendment claim to go forward.
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California Appeals Court Upholds Trial Court Order That Cited Hallucinated Cases
The nonexistent cases were first introduced by opposing counsel, but the appellant's lawyer didn't spot the error at the trial court, and submitted a proposed order to the trial court that cited those cases. That, the appeals court held, meant that appellant forfeited the right to challenge the decision.
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Court Blocks Florida Gov. DeSantis's Executive Order Designating CAIR as Terrorist Organization
The order "prevents CAIR or 'any person known to have provided material support or resources' to CAIR 'from receiving any contract, employment, funds, or other benefit or privilege'" from Florida state or local governments.
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Equal Protection Clause Challenge to Single-Sex Public School Classes Can Go Forward
Plus, some allegations of some unusual teacher behavior in the boys' class.
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"Law Is Irrelevant to the U.S. Attack on Iran," by Prof. Jack Goldsmith (Harvard)
"And Congress is on the hook as much as the president."
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First Amendment Protects Right to Use Nudity as Protest (There, a Pro-Trans Protest) in Public
So the Washington Supreme Court said yesterday, though other courts have disagreed.
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Interesting "Hate Crime" Opinion
According to PBS, the crime in the case was the "first federal trial over a hate crime based on gender identity."
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