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
Latest from Eugene Volokh
Judge Temporarily Blocks Potential Eviction of UConn Students in the "Racial Ridicule" Case
"On the record before the Court, the movants have demonstrated 'sufficiently serious questions going to the merits to make them a fair ground for litigation.'"
Inclusion in Texas Gang Membership Database Limits Gun Rights, Might Violate Due Process
An interesting federal court opinion.
First Amendment Argument in the UConn "Racial Ridicule" Case
This is the case where two students were shouting "nigger" loudly when walking by UConn dorms; the students are trying to block university discipline based on their speech, including their eviction from student housing.
Students Sue UConn in "Racial Ridicule" Case
The students say their threatened punishment, for walking near student housing shouting "nigger" (at no-one in particular), violates both the First Amendment and a 1990 consent decree.
Court Rejects Motion to Seal Litigation Finance Agreements
"The public may well have an interest in how litigation is funded by third parties," the judge concludes. A law firm and two litigation finance companies are disputing (among other things) whether the litigation finance agreements are illegally usurious.
The First Amendment and Privacy: Free Speech Rules (Episode 9)
Episode 9 of Free Speech Rules, a video series by UCLA Law Professor Eugene Volokh
No Sealing of Photos and Plans of $20M, 29,000 Sq. Ft. House (with 55,000 Sq. Ft. of Improvements)
So a New Jersey tax court held last week, in a case brought by prominent bank founder Vernon W. Hill.
Babson College Adjunct Professor & Administrator Fired for Facebook Post
Asheen Phansey's was responding to President Trump's threat to bomb Iranian cultural sites.
Virginia Legislator Joe Morrissey Gets Called "Fool," Sues, Arguing He's Not a Fool
There's also more to the case, which was brought over statements made on a local TV broadcast while Morrissey was unsuccessfully running for Richmond Mayor. (He is now a state senator, elected in November.)
Connecticut Racial Ridicule Prosecution: One Student Agrees to Probation, the Other's Case Is Still Pending
This is the case in which two students were walking near UConn student housing, loudly shouting "nigger" (apparently after having decided that loudly shouting "penis" wasn't good enough).
Libel Lawsuit Over Free Meek Documentary, Including Jay-Z, the Rolling Stone Company, and Amazon
The plaintiff is a former Philadelphia officer, who was charged with (and acquitted of) wrongly threatening people with a gun; she claims the documentary wrongly portrayed her as "dirty and dishonest."
Above The Law Post Not Libelous or "Unlawful Discrimination," Notwithstanding Its Supposed "Homophobic" Insults
The statements about former law student Jonathan Mullane were either fair report of court proceedings or constitutionally protected opinions (e.g., calling Mullane "'rude,' 'dumb,' 'unethical,' a 'little entitled ponce,' and a 'dauphin'").
Motion to Stop Me from Publishing Material …
that I had gotten from a court docket while it has not been sealed, but that the movant is seeking to seal.
Arizona First Amendment Challenge to Anti-BDS Law Dismissed on Procedural Grounds
A change to state law keeps it from applying to the plaintiff, which makes the request for injunctive and declaratory relief moot.
Avoid Super-Embarrassing Redaction Failures
A Public Service Announcement, especially for the lawyers among our readers.
Sex Offender Tries to Change Name to "Better Off Dead"
No, says the trial court, and the Minnesota Court of Appeals agrees.
Attempt to Vanish Post Critical of Attempt to Vanish Posts Critical of the Sandy Hook Hoax Libel Judgment
Lenny Pozner has tried to get Amazon Web Services to remove a post of mine.
Espinoza School Choice Case and Discrimination Against Religion
A response to a query of mine, from David Hodges of the Institute for Justice (who are plaintiff's lawyers).
The Likely Outcome of the Methodist Schism
An interesting analysis from Prof. Mark Movsesian (St. John's).
Civil Court Can't Order Wife to Accept an Orthodox Jewish Husband's "Get" (Divorce Document)
"It would be a violation of the First Amendment of the United States Constitution for the Court to order the Wife to participate in a religious ritual when she did not agree to do so nor may the Court impose a financial penalty against her."
Washington Court Strikes Down Ban on "Intimidating a Public Servant,"
to the extent that the law criminalized attempts to influence a public servant by threatening harm to "business, financial condition, or personal relationships."
"Essentially, [the City] Defendants Request That the Court Resolve This Case Entirely in Secret"
No dice, says the District Court.
"Meanest Pun of the Year,"
according to Prof. Mark Liberman (Language Log):
Retired Law Professor Sues Lawyer-Commenters on Law Blog
A company had a trademark canceled in a Trademark Trial & Appeal Board proceeding, based on what the Board described as the company's "delaying tactics, including the willful disregard of Board orders." The TTABlog posted about it, and some commenters criticized the company's lawyer, Ohio State Prof. Charles L. (Lee) Thomason—so he is suing them for libel.
Requiring Psychotherapists to Report Patients' Child Porn Use May Violate Constitutional Right to Privacy
So concludes the California Supreme Court (by a 4-3 vote), applying the California Constitution; it remands for further fact-finding on the law's practical costs and benefits.
Arizona Court Reverses Expulsion of ASU Student for Threesome with Allegedly Too-Drunk Classmate
"Other statements by Complainant ... along with undisputed other evidence, entirely disprove her bare assertions that she was incapacitated."
First Amendment Doesn't Protect a Right to Smoke
Just in case you had any doubts about that.
No "Possess[ing]" "Copyrighted Material" When on Supervised Release
Now that's being tough on crime.
Kindergarten Bars Boys from Wearing Ear Studs, Parents Sue for Sex Discrimination
The school policy allows girls to wear small earrings, but doesn't allow them for boys.
When Does First Amendment Preempt Negligence Liability?
More on Doe v. Mckesson, the Baton Rouge Black Lives Matter case.
Negligence Claims Brought Against Protest Organizers: More on the Tort Law Side of Doe v. Mckesson,
the Baton Rouge Black Lives Matter case (in which Judge Don Willett has just switched to dissenting, and in which a cert. petition has been filed with the U.S. Supreme Court).
The Weird Litigation Posture of the Doe v. Mckesson / Baton Rouge Black Lives Matter Protest Case
The case, in which Judge Don Willett has just switched to dissenting, should be an easy win for DeRay Mckesson—but on a theory that hadn't been asserted in court.
Forged Court Order Used to Try to Vanish Online Magazine Article About L.A. Businessman
"Steve Farzam, chief operating officer of the Shore Hotel [in Santa Monica], ... [has] been charged with counterfeiting a Los Angeles County Superior Court seal."
Retroactive Continuity (Retcon) in the Law
The first reference to the term "retcon" in a Westlaw-accessible court opinion.
Father Sues His 8- and 10-Year-Old Daughters for Slander
Be good, boys and girls, or we'll sue you, too.
Exploring Alleged Lawyer Falsehoods in Mediation Proceedings
"The public—including other litigants—and other judges who may come into contact with [Richard] Liebowitz, a frequent litigant in this District, have an interest in the Court's determination of the veracity of these representations."
More on Seattle Public Library "Considering" Whether to Cancel Meeting of Trans-Skeptical Feminist Group
The ACLU of Washington speaks out.
"Social Media Influencer Sentenced to 14 Years … After Plotting to Hijack Internet Domain
And this isn't "hijacking" in some virtual sense. (Computer crime—you're doing it wrong.)
