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
Pseudonymity Controversy in Kevin Spacey Sex Abuse Case
May plaintiffs alleged sexual assault proceed pseudonymously, when the defendant is being publicly named?
Texas Court Reverses $1.2 Million Libel Decision Based on Yelp Review Complaining About Earlier Unpaid Judgment
The libel claim, the court held, was foreclosed by an agreement settling the lawsuit that had indirectly led to the review.
New Colorado Bill Would Create Commission to Restrict "Hate Speech," "Fake News," "Conspiracy Theories" on Social Media Platforms
The bill was introduced by Colorado Senate president pro tem Kerry Donovan (who is also running for Congress).
Betcha Litigants Have Surpassed This Bar Since
From a 1901 Minnesota Supreme Court decision.
Plastic Surgeon "Performs Surgery While Appearing at Video Traffic Court Appointment"
The judge was rightly not amused ("I'm concerned about the welfare of the patient based on what I'm seeing"), and the California Medical Board might not be, either.
Attorney Fees Motion Can't Be Decided with the Attorney Fees Sealed
"[O]nce a matter is brought before a court for resolution, it is no longer solely the parties' case, but also the public's case."
Beauty Pageant Has First Amendment Right to Exclude Male-to-Female Transgender Contestants
So a federal district court apparently held in Green v. Miss United States of America, LLC.
Plaintiff Loses Libel Appeal Against Above The Law
The statements about former law student Jonathan Mullane were either a fair report of court proceedings or protected by the First Amendment.
Washington S. Ct.: Strict Liability Drug Possession Ban Unconstitutional
A legislature may not "criminalized ... passive and innocent nonconduct," the court says, applying both the federal and state constitutions' due process clauses.
"Interrogee"
That's a new one on me, though the meaning is clear.
Libel Lawsuit Over "Son of a Hitman" Podcast
The podcast is about Charles Harrelson (actor Woody Harrelson's father), who had been convicted of murdering a federal judge
Clare Locke's Letter to Twitter About Suspension of @TheOvalPawffice
(Clare Locke LLP is one of the top plaintiff's-side libel law firms, though this isn't a libel case.)
Conviction for Praising Prostitutes (as "Promoting Prostitution") Upheld
Not sure that paying for sex makes you an "extraordinary gentleman," even if you do try to "give something back" by providing expert consumer reviews.
George Zimmerman v. Pete Buttigieg & Elizabeth Warren
An interesting decision on a motion to dismiss in this libel lawsuit.
Computer Fraud & Abuse Act Lawsuit for … Posting Reviews That Allegedly Violate Terms of Service
Plastic surgeon David Shifrin is suing commenters who posted negative reviews based on an ex-patient's critical YouTube video. (There are also libel claims in the lawsuit as well.)
City's Allowing "Black Lives Matter" Street Painting Doesn't Require It to Allow Other Writings
Just like a city can allow some monuments in city parks without having to allow others.
Equal First Amendment Rights Coming for Non-Media Speakers in Oregon?
The Oregon Supreme Court has agreed to reconsider its earlier precedents denying non-media speakers certain First Amendment libel law protections.
Attempt to Vanish My Article About Attempt to Vanish Other Articles
My article was about Kelly Hyman v. Alex Daoud, in which a court order seemed to command all Internet "services" to remove material that mentions plaintiff or her husband (retired federal bankruptcy judge Paul Hyman).
Conversation Friday About Information Technology Governance, with Rep. Ro Khanna, Prof. Ted Parson, and Me
That's tomorrow (as I write this), 2 to 3 pm Pacific time; free, but registration required.
If It Bleeds, It Leads—If It Enrages, It Engages
Old media wisdom, updated for the new media.
"What Cheap Speech Has Done: (Greater) Equality and Its Discontents"
I'm serializing a forthcoming law review article of mine.
N.J. Law Forbids Naming a Judge's, Prosecutor's, or Police Officer's Close Relatives Online,
whenever the judge, prosecutor, or police officer demands that the relative's name be taken down.
The Eighth Circuit's Narrow Decision About the Arkansas BDS Statute
One provision has been invalidated, but the general ban on boycotts of Israel by most state government contractors still stands.
Publishing Another Newspaper's Spiked Story: Copyright Infringement or Fair Use?
Likely fair use, at least under the Second Circuit's precedents.
Plaintiff Can't Sue for Claimed Constitutional Violations but Keep Key Facts Sealed
"It is simply not reasonable for a plaintiff to bring a case alleging that his constitutional rights were violated by state officials and not expect the facts on which those officials based their actions to be included in the public record of a case."