Eugene Volokh is the Gary T. Schwartz Professor of Law at the UCLA School of Law and co-founder of the Volokh Conspiracy blog, hosted at Reason.
Eugene Volokh
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Who Are You?
(Post bumped to the top.)
Vermont Supreme Court Reads Revenge Porn Law Narrowly
Alice sends nude picture to her ex, Bob. Bob's new girlfriend (or maybe would-be girlfriend) Carol gets it and posts it online. Carol wouldn't be guilty under the state revenge porn statute, the court rules.
No Take-Backs, No Do-Overs, No Data Replevin
A lawyer caught on tape criticizing his client (a judge), in the making of a documentary about the prosecution of rapper Meek Mill.
"Photoshop the Change You Want to See in the World"
A funny line from an interesting story about a photoshopped photograph in GQ, "more a cheapfake than a deepfake."
No Product Liability for Risk Assessment Tool Used in Deciding Whether to Release Arrestees Before Trial
So a federal district court held Tuesday.
"Biden Rips Off Avenatti with 'Let's Make America America Again' Slogan"
Except that the phrase isn't originally Avenatti's -- it had been used by Ted Kennedy, Anita Hill, Rick Santorum, and (as "Let America be America again") by Langston Hughes in 1935.
Why the Arkansas Law Aimed at Boycotts of Israel Is Generally Constitutional, Part II
Prof. Michael Dorf, who co-signed an amicus brief with me on this subject, adds more in response to an exchange with a law professor on the other side.
Does Letting Witness Testify Wearing Partial Veil Violate the Confrontation Clause?
Depends on how much of the face it covers, the California Court of Appeal seems to suggest.
State May Vaccinate Children in Its Custody, Even Over Parents' Objection
So a New Jersey appellate court held today.
Interesting Vagueness Case That the Court Is Being Asked to Hear
The underlying subject matter in Copeland v. Vance is knives, and a New York law banning "gravity knives," but the legal issue is what must be shown for a facial vagueness challenge to a criminal statute.
May the House of Representatives Appeal Dismissal of Criminal Charges, When the Justice Department Doesn't Appeal?
From Prof. Jonathan Nash (Emory), an expert on Congressional standing.
Washington Court Reaffirms That Florists Must Serve Same-Sex Weddings
The U.S. Supreme Court had sent the case back down to be considered in light of the (narrow) Masterpiece Cakeshop decision.
Why the Arkansas Law Aimed at Boycotts of Israel Is Generally Constitutional
Here's an amicus brief so arguing, signed by Profs. Michael C. Dorf (Cornell) and Andrew M. Koppelman (Northwestern) -- two leading liberal First Amendment scholars -- and me.
Deputy Scot Peterson (of Marjory Stoneman Douglas HS Fame) Being Prosecuted for, Essentially, Cowardice in Battle
The formal charges are child neglect and criminal negligence.
Excessive Fines Clause Applies to Corporations
So the Colorado Supreme Court held today.
When Should Plaintiffs Be Able to Sue Anonymously?
(1) If they're alleging sexual abuse. (2) If they're alleging they were libeled as sexual abusers. (3) Both. (4) Neither.
Can the House of Representatives Continue a Prosecution That the Executive Branch Has Decided to Drop?
An interesting separation of powers question coming in the Female Genital Mutilation statute / Commerce Clause / Religious Freedom Restoration Act / Dawoodi Bohra litigation.
First Amendment Limits Media Liability for Inducing Breach of Nondisclosure Agreement
So holds a (nonprecedential) California Court of Appeal decision in the Jenni Rivera heirs vs. Univision case, though the decision is narrowly tied to these particular facts.
Subpoenas Seeking to Identify Illegally Absent Teachers Likely Don't Violate the First Amendment
"Students are expected to attend classes. If they fail to do so without a valid excuse, their absence is duly-noted and appropriate action is taken. But the teachers at the center of this controversy expect different treatment."
California Criminal Jury Instructions No Longer Label Carrying Taser "Carrying a Loaded Firearm"
A small step forward for self-defense rights.
No "Tone-Policing," Says a Court
Sound words from a federal district court decision handed down last year.
Court Orders Mother Not to Tell Daughter That Father Had Expressed Sexual Interest in Stepdaughter
The appellate court reversed, though without reaching the First Amendment question.
"House Murders Accused Mother in Court"
If only you could use parentheses in English the way you can in math or computer programming.
First Amendment Protections for Anonymous Speakers Apply to Foreign Speakers
So holds a district court, in a copyright case brought by the Jehovah's Witnesses against a Reddit commenter.
"It Is an Immutable and Universal Rule That Judges Are Not as Funny as They Think They Are"
Words of wisdom from the Utah Supreme Court.
Utah State Trial Judge Disciplined for Anti-Trump Remarks in Courtroom
The Utah Supreme Court upheld a six-month suspension without pay, based in part (though not entirely) on these remarks; the judge has a history of past discipline on other grounds as well.
Who Owns Your Life Story? Free Speech Rules (Episode 4)
Episode 4 of Free Speech Rules, starring UCLA law professor Eugene Volokh
Theory of Revised Julian Assange Indictment Could Apply to Ordinary Reporters
Under the government's theory in some of the charges, any reporter who knowingly prints certain kinds of government secrets could equally be prosecuted.
State May Punish "Faithless Electors," Wash. Sup. Ct. Rules
The court upheld a $1000 fine imposed by state law on Presidential electors who refused to vote as the voters instructed.
Todd Levitt, "Badass Lawyer," Loses a Third Libel-Related Appeal (with an Emotional Distress Claim)
"In this day and age, one must accept the possibility that one might be recorded in public. That possibility heightens when one chooses to engage in vitriolic behavior."
Court Throws out Lawsuit Against Tor for Providing Anonymous Routing
Tor, a leading service for anonymously accessing the Internet, is shielded by 47 U.S.C. § 230.
Restriction on Signs on Residential Property Violates First Amendment
The restriction was unconstitutionally content-based, the Eighth Circuit held, because it has an exception for flags "containing distinctive colors, patterns or symbols used as a symbol of a government or institution."
Does the Second Amendment Secure a Right to Carry Guns in Most Public Places?
The Supreme Court will consider the petition Thursday.
Even Legal Visitors to U.S. Can Be Denied Second Amendment Rights
So says the Ninth Circuit, treating legal visitors as subject to the same reduced protection as that applied to illegal aliens.
Connecticut AG Opinion on Repealing Religious Exemption from Vaccination Rules
Such a repeal wouldn't violate the Constitution, the opinion says (correctly, I think).