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.
Latest from Eugene Volokh
The appellate court reversed a Public Employment Relations Commission, which had partly restrained the implementation of the mandate.
A very interesting post by my former colleague (now at the University of Virginia) Richard Re.
So holds a district court, concluding that the law is unclear enough that a police officer was entitled to qualified immunity based on his arresting a man for the sticker.
“Defendants may have preferred to keep Marquette County residents ignorant to the possibility of COVID-19 in their community for a while longer, so they could avoid having to field calls from concerned citizens, but that preference did not give them authority to hunt down and eradicate inconvenient Instagram posts.”
Friday is the new Thursday, this week.
Government's Frivolous, Retaliatory Demand for Critic's Business Records May Violate First Amendment
"When ordinary people without legal training receive a demand from a government agency to produce tax returns and evidence justifying their business activities, a natural reaction is some degree of apprehension and defensiveness. Such concern is sensible because the transaction costs of dealing with a government investigation are never zero."
Virginia Tech Computer Policy Banning "Intimidation, Harassment, and Unwarranted Annoyance" Is Unconstitutionally Vague and Overbroad
So holds a federal district court.
“Evidence about Penn’s treatment of other tenure candidates will be at the heart of the parties’ arguments.”
The experiment, instituted for remote arguments, seems to have been judged to have been a success. [UPDATE: Note the correction, which I hope is indeed correct ....]
Court dismisses Ice Cube's trademark lawsuit over Robinhood's use of his image and of a version of his "Check you self before you wreck yo self" line.
"How Politicized Classrooms Harm Kids and Ruin Our Schools―and What We Can Do About It."
The same logic would apply to Orthodox Jewish women, and to men who wear religious headgear,
The defendant is accused of spraying Portland police officers with bear spray at a protest outside the Immigration and Customs Enforcement building.
So holds the Nevada Supreme Court, applying Nevada law.
An interesting prior restraint case now being litigated in the Hawaii Supreme Court.
So says the Seventh Circuit, agreeing with an earlier Second Circuit decision.
What's on your mind?
The initial question is good, too.
Better late than never.
California Law Would Define "Harass" to Include Approaching Within 30 Feet to Give Leaflets to Strangers, or to Try to Speak to Them
The bill—focused on speech outside vaccination centers (except labor protests)—just passed both houses of the Legislature, and is waiting for Governor Newsom's signature.
That was the justification for a trial court order, which the North Carolina Court of Appeals has just reversed.
By and large, those schemes (like Texas’s SB 8 liability for abortion providers) must be fought by raising the Constitution as a defense in a civil lawsuit—not through preenforcement challenges.
What's on your mind?
"Governor McKinney had no power to contract away the Commonwealth's essential power of freedom of government speech in perpetuity by simply signing the 1890 Deed."
in a case brought by a woman who was trying to document her claims that a school affiliated with a local Islamic center was overusing a local park.