Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution at Stanford, and the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. Naturally, his posts here (like the opinions of the other bloggers) are his own, and not endorsed by any institution. He is also the co-host of the Free Speech Unmuted podcast.
Eugene Volokh
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"The AI Data Will Provide an Unrivaled View into the Mind of a Defendant …"
"whose [mental state] is itself the measure of Plaintiff’s [punitive] damages."
Civilians Using Guns to Defend Against Multiple Shootings
There were apparently at least a dozen such uses in the U.S. in 2025.
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"The Supreme Court Should Not Have to Keep Trimming the Same Poison Ivy One Tiny Branch at a Time"
A nice line from Ninth Circuit Judge Lawrence VanDyke.
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No Closed Courtroom When Plaintiff Dr. Jane Doe Testifies in S.C. Abortion Ban Challenge
But she can testify as Dr. Doe, rather than under her real name.
Journal of Free Speech Law: "How Matal v. Tam Became a First Amendment Case: The Record and the Reality" by Simon Tam
It's not by the lead singer of "The Slants."
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California Law Generally Requiring Federal Law Enforcement Officers to Display ID Violates Supremacy Clause
The Ninth Circuit so held yesterday, reaffirming what it had said on a preliminary basis (in deciding on an injunction pending appeal) in April.
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Court Issues Preliminary Injunction Requiring CNN, MS NOW, and Politico to Be Readmitted to White House
"[T]he Court is 'not required to exhibit a naiveté from which ordinary citizens are free.'"
Submit Your Articles to the Journal of Free Speech Law, Before You Circulate Them to the Law Reviews
We'll give you an answer within 14 days, and we can publish them within a few months, if you'd like.
Claiming Video Was "Deepfake" Not Enough to Require Excluding It, Even Absent Evidence of Who Recorded It
"Apart from trying to cash in on the so-called 'liar's dividend,' Amyda's counsel had little to work with."
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