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
FCC Rejects Petition to Censor Broadcasts of President Trump's Coronavirus Press Conferences (and Other Speech)
"The Commission does not ... act as a self-appointed, free-roving arbiter of truth in journalism. plus an interesting discussion of the FCC's hoax rules.
Hardball Litigation Among Neighbors, or Obstruction of Justice?
Not such "a winner" after all.
District Court OK's Closing Gun Shops as "Non-Essential"
... but only by wrongly downplaying, I think, the degree to which the law interferes with Second Amendment rights.
Sixth Circuit Declines to Reinstate Ohio Limit on "Non-Essential" Abortions
On appeal, Ohio interpreted the limit (part of a temporary ban on all "non-essential" surgeries and procedures) as not banning abortions when "any delay will jeopardize the woman's right to obtain an abortion," but only as delaying earlier-term abortions that can be delayed—but it apparently hadn't made that argument in the trial court.
Candidate for Wisconsin S. Ct. (Judge Jill Karofsky) Seeks Preliminary Injunction Against Allegedly Libelous Campaign Ads
Today, Judge Judge Timothy M. Witkowiak refused to issue the injunction, partly on prior restraint grounds. The election is scheduled for tomorrow.
Juvenile Court Files May Be Sealed, But Juvenile Case Can Still Be Talked About
and the media can still ask school officials about them—"if the statute is broadly applied in an attempt to bar the Media Defendants' right to question sources, then the statutory language assuredly violates the First Amendment."
Liberty of Movement and Assembly
when everyone is potentially lethal to others, without any individual choice on anyone's part.
Restrictions on Interstate (and Intrastate) Travel in an Epidemic
are generally constitutional (whether they forbid travel to a particular place, or require travelers to be temporarily quarantined).
Lawsuit Against Fox for Its Coronavirus Coverage
is apparently based on constitutionally protected expressions of opinion.
Johnny Depp's Libel Claim Against Ex-Wife Amber Heard Can Proceed
Heard's Washington Post op-ed didn't mention Depp, but the judge concludes that in context it would be seen as implying factual assertions about him.
Surf Thugs Lawsuit Can Proceed
"The Lunada Bay Boys are alleged to be a group of young and middle-aged men, local to Palos Verdes Estates, who consider themselves to be the self-appointed guardians of Lunada Bay. One of their tenets is to keep outsiders away from the surf location through threats and violence."
Court Upholds Mandatory Newborn Health Screening Program,
rejecting Fourth Amendment and substantive due process arguments against it.
Badass Ukrainians on a Portuguese-Flagged Canadian-Operated German Cruiseship Sink (?) Venezuelan Attack Boat
I vouch for absolutely none of this.
"COVID19 Exposes the Shallowness of Our Privacy Theories"
A post by Prof. Jane Bambauer (Arizona) forthcoming at Truth on the Market, which she graciously let me reblog.
L.A. Sheriff Changes Course, Lets Gun Shops Open
The Sheriff's position cites the Department of Homeland Security advisory (though it's not strictly binding on him); gun stores will still have to follow the social distancing requirements applicable to other stores that remain open.
912 U.S. Coronavirus Deaths Reported Tuesday
Up from 558 yesterday, which was itself a record.
Zoom Conversation Tonight, 8 pm Pacific, with Michael, Will, Orin, and Me—Come Watch and Ask Questions
See the URL below, as promised in my mark-your-calendars post Sunday.
Mere Violations of Consumer Site Terms of Service Aren't Crimes
So says a federal district court, citing three articles by our own Orin Kerr.
Fifth Circuit Temporarily Stays Order Blocking Texas Coronavirus-Related Abortion Restrictions,
calls for complete briefing by Friday.
Wake Forest Dean Apologizes for Constitutional Law Professor's Quoting the Word "Nigger" from a Leading Supreme Court Case
A word that appears >10,000 times in court cases, in a wide range of fields -- yet some insist that law professors not be allowed to quote it.
"Wuhan COVID-19 Death Toll May Be in the Tens of Thousands"
This contradicts the Chinese government's reports that the death toll in Wuhan was only about 2500.
You Say "Epidemic"; He Says "Great Time to Go Surfing!"; …
... Costa Rican government says "you're under arrest."
Parents Charged with Endangering Their Children by Having Large Party at Their House
This stems, of course, from a coronavirus-related gathering ban in the town.
Child Custody Conditions Restricting Parents' Speech and Gun Storage
An interesting, though inconclusive, case involving preppers.
Using Vulgarities When Speaking to a Police Officer Isn't a Crime
You'd think that would have been clear by now to prosecutors and judges.
Zoom Conversation with Michael Abramowicz, Will Baude, Orin Kerr, and Me—You're All Invited to Watch and Ask Questions
It will be 8 pm Pacific, 9 pm Mountain, 10 pm Central, 11 pm Eastern, on Tuesday, March 31, for about an hour.
Coronavirus Daily Death Rates by Country
Very high in Italy and Spain, followed by France, Switzerland, Belgium, and the Netherlands, followed by Denmark, Portugal, Ireland, Austria, the U.S., and Germany.
DHS Adds Workers for Gunmakers, Gun Retailers, and Shooting Ranges to "Essential Critical Infrastructure" List
This is an advisory list, but I expect will have some influence on some local governments.
Possible Zoom Video Conversation, With All of You Invited to Watch and Submit Questions via Chat?
I'm toying with doing that with a couple of colleagues -- any suggestions on how to make it work?
"Can ProctorU Be Trusted With Students' Personal Data?"
An interesting post by Paul Alan Levy (Public Citizen) on a demand letter ProctorU sent to UCSB.
Texas Cities and Counties Can't Close Gun Stores as Part of Coronavirus Closures
So opines the Texas AG, interpreting Texas state statutes (and not needing to consider the Second Amendment).
"Senator, I Have Worked with Professors at the University of Pennsylvania," I Say
"I know professors at the University of Pennsylvania. Professors at the University of Pennsylvania are friends of mine. Senator, you're no University of Pennsylvania Professor."
Delaware Governor Changes Order, Allows Gun Shops to Remain Open,
though subject to stringent rules aimed at preventing coronavirus spread.
Federal Lawsuit in N.J. Challenges Total Closure of Gun Stores
"At the same time these Defendants" "entirely closed off any and all means for law-abiding private citizens to obtain firearms in New Jersey," "the State has permitted the retailers of many other products—including alcohol, marijuana, and office supplies—to continue distributing goods to the public."