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.
Eugene Volokh
Latest from Eugene Volokh
Prosecutions Under New "Prosecuting Burning of the American Flag" Executive Order Would Violate First Amendment
And this is so even though the order targets flag desecration that could be punished under more neutral rules.
Alleged Retaliation by High School Coach Against Athlete Leads to First Amendment Claim
"Disputes between a high school coach and an athlete's parent are common, but most of those disputes do not lead to multiple internal investigations, a police report, and a federal lawsuit. This one did."
No First Amendment Right to Spray Paint "Free Gaza" on State University of N.Y. Buildings
The court also rejected defendants' "necessity" defense.
Born in N.Y., Lived in U.S. for Nearly 70 Years, Subscribed Oath of Allegiance 5 Times—But, It Turns Out, He Isn't a U.S. Citizen
Was the father a consul or an attaché? It is on such matters that the law sometimes turns.
"After a Ten-Minute Bench Trial Held in Her Absence" …
defendant "was found guilty of criminal mischief and domestic violence"—yet the prosecution "presented no evidence that [she] damaged or destroyed the property of another—an essential element of criminal mischief, which was also the predicate offense for the domestic violence charge."
$2M Recommended Compensatory Damages + $7.5M Punitives for Inmate Raped by Guard
So a Magistrate Judge concludes in recommending a default judgment in favor of the inmate.
Sanctions Decision as to Rape Allegations Against Comedian Druski, in Case Also Involving Sean Combs (P. Diddy)
"After the lawsuit was filed, Desbordes' [Druski's] counsel sent Plaintiffs' counsel evidence, including debit card records and phone records, showing that it was virtually certain that Desbordes was in Georgia at the time of the alleged rape, and thus could not have participated in the assault." "Yet, at the hearing on the motion for sanctions, Plaintiffs' counsel expressly stated Plaintiffs 'have no desire to dismiss Mr. Desbordes' from the lawsuit."
Fifth Circuit: West Texas A&M Violated First Amendment by Blocking Student Group's Drag Show
The decision drew a sharp dissent. [UPDATE: The headline originally said Texas A & M, and has since been corrected to West Texas A & M; my apologies.]
Apparent Massive Quotation/Citation Errors in Netchoice Expert's Report …
supporting Netchoice's challenge to the Louisiana social media age verification law. Netchoice is a trade association representing many tech companies, including Amazon, eBay, Google, Meta, Netflix, PayPal, and X.
Lawsuit by Hunter Biden's Lawyer Kevin Morris Against Conservative Activist Garrett Ziegler Can Go Forward
The remaining claims are for impersonation and portraying Morris in a false light by quoting out of context.
Parent Submits Photo of School Postings to LibsOfTikTok, Gets Restricted from Accessing School Property or Events
The court has allowed plaintiff's First Amendment claim against School District decisionmakers based on this to go forward.
Court Rejects Oklahoma Education Department's Lawsuit Over Letters from Advocacy Group
"How do Defendant's letters interfere with Plaintiffs' authority or ability to administer Oklahoma's public schools?"
Sanctions for Another Lawyer Filing AI-Hallucinated Material …
for "citing to fabricated, AI-generated cases without verifying the accuracy, or even the existence, of the cases" and "misrepresenting to the Court the origin of the AI-generated cases."
Burning the Midnight Oil in the Northern District of Texas
"[A] little sleep, a little slumber, a little folding of the hands to rest, and poverty will come upon you like a robber, and want like an armed man."
