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
Paul Clement's Argument Against the Executive Order Targeting the WilmerHale Law Firm
It's a lawyer's argument, not an attempt at objective analysis. But I think that on balance it is generally quite correct, and powerfully framed.
Sixth Circuit Won't Hear Pre-Final-Judgment Appeal in Case Alleging Ohio School "Encouraged Young Children to Become Transgender …
and then lied to parents about what was happening." Because some claims remain undecided in trial court, the court of appeals holds it lacks jurisdiction over the appeal.
Black Student Expelled for Sexual Assault of White Classmate Seeks Pseudonymity Partly Because "Interracial Sexual Relationships …
between White women and Black men are the subject of heightened prejudice and violent responses that create a tangible risk of retaliation and animus against him."
Ninth Circuit Declines to Block Idaho's "Biological Sex" Restrictions for Multi-Occupancy School Restrooms, Locker Rooms, and Shower Rooms
The court leaves open, though, the possibility that a narrower challenge aimed just at restrooms with closed stalls, where students wouldn't generally be partly or fully undressed where others can see them.
Libel Claims by The Satanic Temple Against Newsweek Over Sexual Abuse Allegations …
thrown out for lack of evidence of "actual malice" (i.e., knowing or reckless falsehood on Newsweek's part).
Parent Submits Photo of School Postings to LibsOfTikTok, Gets Restricted from Accessing School Property or Events
A federal court, however, has now largely blocked this restriction; the court rejected the argument that the parent violated the school's "bullying" policy.
11 Court Opinions in the Last 30 Days Mention AI-Hallucinated Material, and …
that's likely just the tip of the iceberg.
N.C. Court on Compensation for (Apparently Unauthorized) Forced Vaccination by School
The court concludes that the federal 2005 Public Readiness and Emergency Preparedness (PREP) Act preempts state battery claims, but not state constitutional law claims.
Woman Compensated for Vaccine Injury Seeks to Have Name Redacted Because She Works in Vaccine-Related Public Relations
"She 'does not want her experience with [a] poorly administered vaccine to become a story in itself that would interfere with her ability to advocate for vaccinations at large.'"
Chicago Public Defender's Claim Over Displaying Photo with Israeli Flag and Gun Can Go Forward
Office leadership allegedly "told Gassman's supervisors that the photo was 'comparable to a Nazi swastika.'"
"A Statement from Constitutional Law Scholars on Columbia"
by "Eugene Volokh, Michael C. Dorf, David Cole, and 15 other scholars."
Ninth Circuit Reverses Probation Sentence for Transgender Hacker
"Paige Thompson committed the second largest data breach in United States history at the time, causing tens of millions of dollars in damage and emotional and reputational harm to numerous individuals and entities."
Pardons and Autopen Signatures: A 2024 Appellate Decision Says Pardons Don't Have to Be Signed (or Even Written) at All
[UPDATE: I note a contrary argument in an update at the end of this post.]
A Mother's Complaint
"Something always seemed off and not quite right with the way my children's grades and GPA were displayed .... [M]y children [were] overlooked for school awards, academic scholarships and grant opportunities that they otherwise would have been eligible for, the opportunity to be valedictorian, salutatorian ...."
Anti-DEI Executive Orders Can Go Forward, for Now, Says Federal Appeals Court
A district judge had "found the provisions likely unconstitutional and issued a nationwide injunction" against them; the Fourth Circuit just stayed that injunction, pending full consideration of the issue on appeal.
Utah Court Strikes Down Injunction Banning Speech "Annoy[ing] or Caus[ing] Distress" to Neighbor Running a Mental Health Residential Treatment Center,
but upholds limits on speech to plaintiff (or her visitors).
Indiana Defendants Get "Benefit of Hindsight When It Reveals Their Conduct Was Necessary in Self-Defense," …
"even though that necessity wasn't fully apparent in the moment."
Professor Can Continue with First Amendment Claim Over Denial of Raise for Including Expurgated Slurs on Exam
The Seventh Circuit so held yesterday; the case also involved other controversial statements besides the expurgated slur.
