Eugene Volokh is the Gary T. Schwartz Distinguished Professor of Law at UCLA. Naturally, his posts here (like the opinions of the other bloggers) are his own, and not endorsed by any educational institution.
Thursday Open Thread
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Eugene Volokh
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"See You Next Tuesday"
I did not know this.
House Committee Can Get Trump Tax Returns
"The 2021 Request seeks information that may inform the United States House of Representatives Committee on Ways and Means as to the efficacy of the Presidential Audit Program, and therefore, was made in furtherance of a subject upon which legislation could be had."
Removal of Books With "Lascivious Content" from School Libraries Likely Constitutionally Permissible
So holds a federal district court, also stressing that "this case does not involve banning books": "A school district does not 'ban' a book when ... it 'decides not to continue possessing [a] book on its own library shelves.'"
Racial Slurs Aren't "Obscene"
They thus can't be punished under a disturbing the peace law that bans "obscene language," though under the right circumstances they could be punished under separate provisions that generally ban "fighting words" (whether racially offensive or otherwise).
Federal Prosecutor Sets Up Hotline for Reporting, Among Other Things, People "Espousing … Hate-Filled Views"
"In Massachusetts, we have recently seen multiple incidents of groups espousing deeply offensive and hurtful ideologies displayed on our streets."
Libel! I Wasn't Accused of Killing Anyone in April -- Only in May
From a libel case filed by accused triple murderer Brice Rhodes
Panel-Packing in the Massachusetts Appeals Court
Legit, but odd.
Nicholas Sandmann's Libel Lawsuits Against Several Media Outlets Dismissed
All the lawsuits stem from the media's quoting Nathan Phillips' claims that Sandmann was "block[ing Phillips'] way" at a demonstration by the Lincoln Memorial.
No Pseudonymity in Disability Discrimination Lawsuit Over State Bar Character & Fitness Inquiry
"[H]arm to one's reputation or injury to one's standing in the community does not warrant a deviation from the strong presumption of public access[.]"
Parties Can't Seal Entire (Settled) Case Despite Risk of "Reputational Damage and Embarrassment"
"[W]e apply the strongest presumption of public access to the Memorandum Opinion issued by this Court ..., which, as an official decision of the Court, is considered the 'quintessential business of the public's institutions,' and is 'core to the transparency of the court's decisionmaking process.''"
Court Makes It Easier for Plaintiffs to Win Libel Lawsuits Against #MeToo Claimants
A potentially very important 2-1 decision today from the Minnesota Court of Appeals, which held that such a #MeToo post wasn’t on a “matter of public concern,” and was thus less protected by the First Amendment.
Court Voids Injunction Blocking Newspaper from Publishing Erroneously Released Names of Police in Shooting
The Florida "Marsy's Law," which protects crime victims, doesn't affect the analysis, even if police officers are treated as victims of the person they shot (who they say was threatening them with a knife).
They Don't Call It "Go Ogle" for Nothing …
The Second Circuit gives "Google for a search engine" as an example of "Arbitrary and fanciful marks—i.e., those that make no logical reference to the product or service on which they are used." Yeah, right.