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
"The Danger of Social Media": "It Allows People to Publish Their Internal Monologues"
"Can civilization survive now that we have been made witness to the interior lives of others?"
Hospital Fired Employee for On-the-Job Sex: She Claimed It Was Rape but Other Person Said It Was BDSM
The employee sued, claiming the firing was retaliation; the jury found for the hospital, and the Sixth Circuit upheld the verdict (among other things upholding the admission of evidence of the employee's interest in BDSM).
California Public Charter Schools' Independent Study Programs Can Insist on Secular Curricular Materials
"The Supreme Court has recently confirmed that the Free Exercise Clause does not prohibit a state from providing 'a strictly secular education in its public schools'"—and, the court held, that extends to California charter schools and their parental "home-based direct instruction approved by the school and coordinated, evaluated, and supervised by state-certified teachers."
Teacher Disciplined for Saying "Privilege" Training Involved "White-Bashing BS" Can Go Forward with First Amendment Claim
"[T]he only evidence of disruption pointed to by Defendants is the fact that a teacher felt uncomfortable at a session designed with the expectation that participants would feel uncomfortable."
"Are You a Jew? … Are You a Zionist?"
Federal judge allows "pattern or practice" claim of discrimination against Jews by coffee shop to go forward.
Excluding Religious School That "Forfeited a Girls' Playoff Basketball Game to Avoid Playing a Team with a Transgender Athlete" Violated Free Exercise Clause
So the Second Circuit held today, concluding that the facts surrounding this particular exclusion showed hostility to religion, and not just the neutral application of generally applicable rules.
Oklahoma AG on the First Amendment and Drag Shows
Such drag shows are protected unless they fit within the (fairly narrow) category of obscenity, which is limited to certain material that depicts sexual conduct (not just cross-dressing).
Third Circuit Holds Fired "Alt Right" Prof. Jason Jorjani's Speech Was Constitutionally Protected,
though it remands for a decision on whether he would have been fired in any event based on other misconduct.
Free Speech Unmuted: A Conversation with FIRE's Greg Lukianoff
FIRE is one of the leading free speech advocacy and litigation groups in the country, and Greg is not only its long-time head but also coauthor of several books, including Coddling of the American Mind (with psychologist Jonathan Haidt) and War on Words: 10 Arguments Against Free Speech—And Why They Fail (with law professor and former ACLU President Nadine Strossen).
California Racial Justice Act and Racially Themed Language in Undercover Questioning
"Ramsey contends that conducting an undercover operation targeting an African American inmate by using racial slurs ... and introducing and admitting into evidence a recording from the undercover operation violates [the Act]."
Woman Repeatedly Badmouthed Ex-Lover, Ordered Not to Say Anything Online About Him, Lost Gun Rights
She had admitted that some (though not all) of the speech was false, but the injunction (entered in a restraining order case, not following a full defamation trial) extends to all speech, not just falsehoods: "Even speech otherwise protected by the First Amendment may be enjoined if it disturbs the petitioning party's peace."
$7500 Sanctions for Nonexistent Citations in Brief; Magistrate Judge Stresses Cite-Checking Isn't a New Obligation
"Whether a case cite is obtained from a law review article, a hornbook, or through independent legal research, the duty to ensure that any case cited to a court is "good law" is nearly as old as the practice of law."
Can American Citizens (e.g., Rosie O'Donnell) Lose Their Citizenship?
Yes, but only if they intend to relinquish it (or, if they are naturalized citizens and committed fraud during the naturalization process).
California County's Restriction on Being a Spectator at a Car "Sideshow" Violates First Amendment as Applied to Reporter
The ruling would apply, I think, to anyone gathering information about the sideshow for publication, whether or not he's a professional journalist.
"God, … Some of Your Early Work on Neural Networks Was Genuinely Groundbreaking, …"
"but honestly you’re the worst offender here."
Alan Dershowitz's Libel Case Over CNN's Coverage of His Defense in Trump Impeachment Thrown Out
"For a public figure like Dershowitz to prevail, defamation law has long required proof of a speaker's actual malice: knowledge of or reckless disregard for the falsity of a statement. But here, the available evidence points to the reporters’ sincere—if mistaken or even overwrought—belief in the truth of their accusations."
When Can Lawyers Be Punished for "Undignified or Discourteous" Criticism of Judges?
"Miss Manners has much to commend her within a polite and respectful society, but we are not her enforcement division."
Friday Open Thread
What's on your mind? (Other than the thread was late, sorry about that.)
Death Doulas Have First Amendment Right to Advise Clients Without Having to Get Funeral Services License
"[Indiana's] approach furthers the state's interests the way an atom bomb would further the eradication of a residential ant infestation."
California Law Restricting "Materially Deceptive" Election-Related Deepfakes Violates First Amendment
So a federal judge just held.
