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
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Court Refuses to Seal Case Involving Government's Motion to Authorize Disclosure of Tax Returns
"The substantial public interests implicated by questions of the proper scope of Executive power and the statutory limits on access to tax information warrant public disclosure. While this case, and ... this decision, are now unsealed, the underlying Application and its supporting materials will remain under seal, at least while the investigation remains active ...."
First Amendment Protects Islam Expert's Post-Sept. 11 Speech Urging People to Join Taliban
So a Fourth Circuit panel held today, vacating the defendant's convictions from 2005.
Constitutional to Expel Law Student for Writing "[W]hatever Harvard Professor Noel Ignatiev Meant by … '[A]bolish the White Race by Any Means Necessary' … Must Be Done with Jews"
An Eleventh Circuit panel concludes (by a 2-1 vote) that this is likely the right result.
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N.J. Appellate Court Reverses "Red Flag" Order Barring Gun Possession by Mother Whose Son Had Just Died
The order had apparently been issued just based on the father’s statement, right after he learned of the death, that the mother (his wife) “would shoot herself.”
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"The Undersigned Cannot Recall a Comparable Instance of Such Brazen and Repeated Dishonesty" in 55 Years as a Judge
The "filings have led to the Court completely losing trust in" the lawyers involved.
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Arizona Parents' Bill of Rights Claim Over School's Concealment of Child's "In-School Gender Transition" Can Go Forward,
rules an Arizona appellate court, rejecting defendants' claims that the case was moot, and wasn't timely filed.
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The Prosecutor Didn't Prove I Was Over 18, Says Father of 13-Year-Old
Nope, says Kansas Court of Appeals.
No Need for Expert Evidence as to Media Defendant Negligence in Resisting Anti-SLAPP Motion,
at least when the dispute is over a simple identification error./
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Requiring Registered Sex Offenders to Post Signs on Halloween Saying "No Candy or Treats at This Residence"
unconstitutionally compels speech, says the Eighth Circuit federal court of appeals.
Second Amendment Protects Right to Open Carry, Ninth Circuit Panel Holds (2-1)
If the decision doesn't go en banc, it may go to the Supreme Court, because the Second Circuit held the opposite (and there's thus a circuit split).
Suit Alleging Retaliatory Police Mislabeling as Repeat Violent Offender Can Go Forward
Plaintiff claims his actual offenses were a curfew violation during 2020 protests and spitting on FBI agent.
Presence of Probable Cause Precludes Claim That Immigration Arrest Was Retaliation for First-Amendment-Protected Speech
So concludes a federal district in Louisiana, disagreeing with a Ninth Circuit panel.
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January 11, the Russo-Ukrainian War Will Be as Long as World War II Was for Russia
Thanks to my father Vladimir for pointing this out.
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Man Who Had Pleaded Guilty to Felony Forgery of Court Orders Sues Over Being Called "Convicted Felon"
From a Justice Department press release as to the original forgery: "Michael Arnstein's blatant criminal scheme to exploit the authority of the federal judiciary for his company's benefit was outrageous. As Arnstein has learned, his attempts to remove negative reviews about his business from Google search results by forging a U.S. District Court judge's signature may have worked in the short term, but it also earned him nine months in a federal prison."
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School Employees' Lawsuit Claiming "Equity Training" Violated First Amendment Can Go Forward
So holds a majority of the Eighth Circuit federal court of appeals, sitting en banc.
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