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
Facebook Will Now Ban Criticism of "Concepts, Institutions, Ideas, Practices, or Beliefs" When They Risk "Harm, Intimidation, or Discrimination" Against Religious, National, or Other Groups
This includes "burning a national flag or religious texts, caricatures of religious figures, or criticism of ideologies."
Economic Power Being Leveraged to Control Political Discourse
I'm serializing my new Social Media Platforms as Common Carriers? article, forthcoming in the Journal of Free Speech Law.
Social Media Platforms as Common Carriers?
I finally have a presentable draft of this article, forthcoming in the Journal of Free Speech Law; I'll be posting excerpts over the next couple of weeks.
Government Can Use Ghislaine Maxwell's Deposition in Civil Case, Without Violating Maxwell's Fourth or Fifth Amendment Rights
The deposition was initially subject to a protective order, but the court concludes that this doesn't matter.
Thursday Open Thread
Thursday is the new Thursday. And the old.
Journal of Free Speech Law Call For Papers: Symposium on the Freedom of Association and Disclosure Requirements
We'll be ready to publish articles on this subject as early as September, if you submit them by August 1.
S. Ct. Strikes Down California Requirement that Charitable Organizations Disclose Major Donors to State AG
"The gravity of the privacy concerns in this [case] is further underscored by the [amicus briefs supporting the challenge].... [T]hese organizations span the ideological spectrum ...: from the [ACLU] to the Proposition 8 Legal Defense Fund; from the Council on American-Islamic Relations to the Zionist Organization of America; from Feeding America—Eastern Wisconsin to PBS Reno."
Pennsylvania Supreme Court Reverses Bill Cosby Conviction
"When an unconditional charging decision is made publicly and with the intent to induce action and reliance by the defendant, and when the defendant does so to his detriment ..., denying the defendant the benefit of that decision is an affront to fundamental fairness."
Assignments Aimed at "Requiring a Statement" of Ideological Belief from Students May Violate First Amendment
So holds a Fifth Circuit panel (by a 2-to-1 vote), in an assignment requiring the writing of the Pledge of Allegiance, but the same argument would apply, I think, to compelled statements of other ideologies, whether related to patriotism, race, sex, sexual orientation, or anything else.
Letter on ABA Proposal for "Diversifying" Law Schools
Signed by Richard Peltz-Steele (Massachusetts), Richard Sander (UCLA), Robert Steinbuch (Arkansas-Little Rock), and me.
Lawsuit Over Nieman Journalism Lab (at Harvard) Outing Commenter Can Go Forward
The plaintiff is Francesca Viola, who wrote the comment when she was a journalism professor at Temple University.
Court Refuses Jail Guard's Request to Seal Civil Lawsuit Brought Against Him by Prisoner
"Bartolotti alleges that 'anytime you search [his] name on [the internet, he is] affiliated with this case,' which 'has affected [his] personal and professional lives [and] has become a safety issue at times as well.'"
Interpreting 47 U.S.C. § 230(c)(2)
The statute immunizes computer services for "action voluntarily taken in good faith to restrict ... availability of material that the provider ... considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected"—but what exactly does that mean?
Fifth Circuit Certifies Questions in Doe v. Mckesson to Louisiana Supreme Court
This is the case against DeRay Mckesson, brought by a police officer who was injured in a protest that Mckesson allegedly organized.
Friday Open Thread
Friday is the new Thursday, at least this week.
Journal of Free Speech Law Call For Papers: Symposium on the First Amendment and Student Speech
We'll be ready to publish articles on this subject as early as September, if you submit them by August 1.
Supreme Court Protects Students' "Political or Religious Speech" Outside School
The Court doesn't set forth a categorical rule protecting such speech, but strongly suggests that such speech is normally protected by the First Amendment—and defines political speech broadly, to include criticism (even vulgar criticism) of school programs and officials.
"The NCAA Is Not Above the Law": Justice Kavanaugh Criticizes "Price-Fixing Labor" in College Sports
"Hospitals cannot agree to cap nurses' income in order to create a 'purer' form of helping the sick. News organizations cannot join forces to curtail pay to reporters to preserve a 'tradition' of public-minded journalism."
A Brief Ideological History of Religious Exemptions
How (many but not all) conservative Justices came to embrace Justice Brennan's position and reject Justice Scalia's, and vice versa for the liberals.
Government Action and Constitutional Rights
When (1) states seek to protect abortion rights / gun rights / speech rights against private restriction, and (2) Congress seeks to encourage such private restrictions by preempting the state law protections, might such federal preemption violate the Constitution?
CDC No-Sail Order Likely Exceeds the CDC's Statutory Powers
So a federal judge held today, preliminarily enjoining the order (which restricted cruise ship operations).
When Does the Free Exercise Clause Mandate Religious Exemptions?
The outcome of today's Fulton v. City of Philadelphia.
Ban on Broadcasting Court's Own Recordings of Criminal Hearings Likely Unconstitutional
The Fourth Circuit holds that Maryland's ban must be subject to strict scrutiny, a test that the prohibition is highly unlikely to satisfy.
