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.
Eugene Volokh
Latest from Eugene Volokh
Trump Media & Technology Group Loses Lawsuit Against Washington Post Over Story About Trump Social Deal
The statements were true or at least substantially true, the court concludes, plus Trump Media failed to adequately allege knowing or reckless falsehood on the Post's part.
Court Blocks Arkansas Law That Limits "Harmful to Minors" Books in Public Libraries and Bookstores, and Also
limits "inappropriate" books in libraries.
"Not Only Is [the Race Discrimination Plaintiff] a Perpetual Claimant, He Is a Holdup Artist"
A judge sanctions a self-represented litigant who threatened to contact defendant's donors as a means of trying to pressure defendant into settling.
Much of Government Response to Parent's Criticism of School Board "Was Beyond the Pale," but Can't Justify an Injunction …
because there's not enough evidence that the response would recur (which is what is required for an injunction, which is a forward-looking remedy).
Allegation: Carnegie Mellon Prof to Jewish Student: Time on Jewish-Related Project "Would Have Been Better Spent" Exploring "What Jews Do To Make Themselves Such a Hated Group"
A federal judge has allowed the (now-graduated) student's discrimination, harassment, retaliation, and breach of contract case to go forward.
Odds Are Against TikTok at the Supreme Court
It seems unlikely that five Justices will buy TikTok's First Amendment arguments when neither Judge Douglas Ginsburg nor Judge Neomi Rao nor Chief Judge Sri Srinivasan did so.
Judge Rejects Meta's Attempt to Seal Various Information About Moderating Practices
"The manner in which Meta moderates content from an adult platform competing with OnlyFans versus content that originates from OnlyFans is directly at issue. Therefore, Meta's general policies which articulate the extent to which sexual content is permitted on any of Meta's social media platforms are also relevant."
After Plaintiff "Criticized the City Manager …, the Manager Complained About Him to the Police."
"Two officers convinced a prosecutor to charge Blackwell with stalking. But a judge acquitted him. Blackwell then sued the manager and officers for violating the First Amendment by inducing this prosecution in retaliation for his political speech."
Does Your Law Review's Cite-Checking Process Include Retraction Checking for Cited Scientific Articles?
It's analogous to checking whether a case has been overruled, or whether a statute has been repealed.
Rape Allegations in #TheyLied Defamation Lawsuit Aren't on a Matter of "Public Interest," Says N.Y. Judge
"M.V. ... [sued] J.T., alleging that this action arises out of a personal vendetta and jealous revenge plot by J.T. to destroy his life and reputation. M.V. asserts that, intent on causing him maximum damage after he finally ended their casual, on-and-off sexual relationship that spanned years including through their time together in college, J.T. knowingly published numerous false and defamatory statements to the social media application YikYak, falsely accusing M.V. of rape ...."
Pro-Israel Jewish Students Suing Haverford College for Hostile Environment Harassment Can Proceed Pseudonymously
"[T]he presence of masked protesters in the room, who defied the authority of Haverford administrators and had to be removed by campus security, with a chanting group of protestors outside, would reasonably be viewed as a form of intimidation going far beyond the 'normal' chaos of a confrontational campus protest."
Can You Sue Over Assurances Made by Company's Customer Service AI Chatbot?
Maybe, but not in this particular case, a federal court rules.
"A Lawsuit Is a Fruit Tree Planted in a Lawyer's Garden"
An Italian proverb, which I just learned yesterday.
Tuesday Media Recommendations: Science Fiction or Fantasy TV Shows
Post your recommendations in the comments; other weeks, there'll be other posts for other topics and other formats.
Interesting Illustration of International Subpoenas Aimed at Identifying Alleged Online Defamers
The case indirectly involves a long and messy divorce dispute between a Korean billionaire tech CEO (chairman of the third-largest South Korean company) and the daughter of South Korea's first democratically elected President.
No Pseudonymity for Plaintiffs Challenging Employer's COVID-19 Protocols
"[C]ourts should not permit parties to proceed pseudonymously just to protect the parties' professional or economic life."
Minneapolis Doctor Sufficiently Alleged Demotion Based in Part on Anti-Woke Speech in 2020
"Dr. Gustilo made ... posts ... concerning controversial political issues including presidential candidates, fascism, racism, police killings, Black Lives Matter, socialism, and COVID.... [She alleged she] 'also began to voice ... opposition to critical race theory ..., because CRT theorists “reject the principle of equality under the law” and “warn[ ] people of color against ‘internalized whiteness.’"'"
Challengers Have Standing to Challenge Connecticut "Harassment" Ban for Lawyers
The Second Circuit holds that the challengers sufficiently alleged that the ban is broad enough to cover their constitutionally protected speech (including speech that may offend some based on gender identity, race, religion, and more); the court didn't reach the question whether the ban actually violates the First Amendment, which the trial court will now have to take up.
City's Christmas Parade May Not Exclude Pride Float Because Risk of Thrown Objects or Slashed Tires
The court rejects the City's action as implementing a "heckler's veto."
