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
Ordinary Woman Fired Because of Washington Post Article About Costume She Wore at Halloween Party Two Years Ago
Not a high-level official, not a spokesperson, not an endorser -- just an ordinary person.
MLB Letter in Yankees Sign-Stealing Investigation Should Be Unsealed, Says Federal Judge
The decision has been promptly appealed.
Federal Court Considering Bench Trials by Videoconference
So says an order from Judge Landya McCafferty in the District of New Hampshire.
Ohio S. Ct. Reverses Order Blocking Man from All "Posting About" His Sister and Mother
"Even if past [mentally distressing] speech that an offender made to a person ... could be considered ... integral to the criminal conduct of menacing by stalking [and thus unprotected], we do not believe that this principle may be applied categorically to future speech ... directed to others."
Typo Law
Get it in ....
Pro Choice Carpet Cleaning & Restoration
I wouldn't have expected abortion politics there ....
Former eBay Employees "Charged with Leading a Cyberstalking Campaign Targeting the … Publisher of a Newsletter"
"that eBay executives viewed as critical of the company" (as best I can tell, the newsletter is EcommerceBytes).
Justice Thomas (Dissenting) Further Arguing Against Qualified Immunity
He views the doctrine as likely not authorized by the text of the Civil Rights Act of 1871, or the legal principles that it may have implicitly absorbed; instead, he argues, it was created it just "because of a 'balancing of competing values' about litigation costs and efficiency."
Art History Professor Condemned by Stanford Undergraduate Senate
Her crime? Spelling out what the rap group N.W.A. stands for, and quoting one of their lyrics.
"No Official, High or Petty, Can Prescribe What Shall Be Orthodox"
"in politics, nationalism, religion, or other matters of opinion."
Washington Supreme Court Waives Bar Exam Requirement
for all J.D. graduates of law schools accredited by the American Bar Association who are already registered for the July or Sept. 2020 bar exams.
Requirement of Licensing and Test for Tour Guides Violates the First Amendment
"An individual's right to speak is implicated when information he or she possesses is subjected to restraints on the way in which the information might be used or disseminated."
"Vocational Training Is Speech Protected by the First Amendment"
Ninth Circuit allows plaintiffs to challenge California statute that bars students from attending some for-pay trade schools unless the students have a high school diploma, have a GED, or can pass a government-prescribed test.
"Policing the Police: The Impact of 'Pattern-Or-Practice' Investigations on Crime"
An interesting draft study by Harvard economics professors Tanaya Devi and Roland G. Fryer Jr.
Prof. Randall Kennedy (Harvard Law) on Accurately Quoting Racial Epithets
"For me, demands for silence, for avoidance, or for bowdlerization will be offered no deference."
No Routine Sealing of Names of Officers Who Arrested Molotov-Cocktail-Thrower
"Absent some concrete threat to the officers, which has not been suggested here, there is no principled way to discern why this case would justify redactions while others would not."
Does City's Painting of Messages on City Streets Require It to Give Equal Access to Other Messages?
No, if the city endorses the messages as its own.
One Win, One Loss for Second Amendment Claims in the Epidemic
A federal court in Connecticut struck down a policy that effectively stopped gun purchases; a week ago, a federal court in California upheld such a policy.
May the Law Ban Calls to Government Offices "Using Indecent Language" "With Intent to Harass or Embarrass"?
With a special cameo appearance by Eric Holder.
Court Allows Subpoena of Media for Unpublished but Nonconfidential Interview Outtakes
An interesting illustration of the qualified privilege that many courts recognize in such cases.
What Would It Mean for President Trump to Declare Antifa a "Domestic Terrorist Organization"?
Not much as a legal matter, as best I can tell. [See UPDATE.]
UCLA Poli Sci Department Condemns Lecturer for Reading MLK's Letter from Birmingham Jail, Showing Video About Lynching
UCLA says complaints -- about the fact that both the excerpt read from King's letter and the video included the word "nigger" -- have "been shared with UCLA’s Office of Equity, Diversity and Inclusion for review."
Pro-Riot & Pro-Police-Abuse
A common thread among two kinds of arguments.
47 U.S.C. § 230 Preempts State Right of Publicity Claims
and other state (but not federal) intellectual property claims brought over platforms' hosting of third-party content.
University of Washington Urging "Accommodations," "Especially" for "Members of the Black Community," as to Assignments and Exams
"Accommodations might include extra time to finish assignments or providing a 'final examination optional' pathway, for example."
L.A. Politicians Planning Big Gift to Gun Industry, Private Security Companies
The likely unintentional result if the City of Los Angeles implements its plans to reduce the proposed police department budget (now $1.8B) by $100-150M.