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. He is also the co-host of the Free Speech Unmuted podcast.
Eugene Volokh
Latest from Eugene Volokh
Does City's Saying It "Will Not Provide Any Support or Resources" to Controversial Political Event on Private Property Implicitly Threaten Withdrawal of Police Protection?
No, say two Tenth Circuit judges in a case involving the VDARE Foundation; yes, says a dissenting judge.
If VP Becomes Acting President When President Is Temporarily Disabled, What Happens to VP's Tiebreaker Vote?
Looks like it goes away, for however long the VP acts as President.
Anonymity of Libel Helps Justify Punitive Damages
"[M]ost revealing of actual knowledge of falsity is the vehicle chosen by Riccio to spread the falsehoods—the anonymous letter."
"Respondent [Lawyer] Impersonated Others, Falsely Accused a Coworker of Poor Job Performance,
and falsely accused the coworker's husband of workplace sexual harassment."
Federal Government Lawyer Suing for Employment Discrimination Can't Sue Pseudonymously,
despite the argument that, “because she ‘defends federal agencies against employment discrimination claims,’ she may ‘make legal arguments that differ from the ones she has made and makes as an AUSA,’” so “proceeding under pseudonym will allow her ‘to make such arguments without the concern that opposing counsel will be able to identify her and/or her filings that take or may take a different legal position.’”
Louisiana Medical School's Vaccination Rules Temporarily Blocked
But the decision turns heavily on Louisiana law, and on the nature of this particular set of rules.
Thursday Open Thread
What's on your mind?
Trademark Confusion Lawsuit Over "ASU: No More Social Distancing. No More Masks. It Is Time to Party!" Posts
ASU loses, even though the defendant “stopped participating in this action after his answer was stricken” “for litigation misconduct”: “[A]a reasonably prudent consumer would not be deceived or confused into believing that ASU was the ‘source or origin’ of the posts and messages emanating from the ‘asu_covid.parties.’”
Challenge to Zoning Restrictions on Shooting Clubs Can Continue
So holds the Third Circuit, applying intermediate scrutiny to a limit on center-fire rifle shooting and to a requirement that clubs be nonprofit.
One America Network's Libel Lawsuit Against Rachel Maddow Rejected by Ninth Circuit
Maddow had said OAN "really literally is paid Russian propaganda," in reaction to a Daily Beast story that an OAN employee had also been freelancing for Sputnik News.
The Vaccine Chief Dog Muzzle Hoax?
Six words I never thought I'd write together.
Two Hawaii Gun Regulations Struck Down
The laws require that “individuals purchase a handgun ... within 10 days of obtaining a permit to acquire” (Hawaii law requires such a permit) and that “individuals physically bring their firearm to the police department for in-person inspection and registration within five days of acquiring it.”
Thursday Open Thread
What's on your mind?
D.C. High Court Opines on Injunctions Against Speech About People
The decision raises more questions than it answers, but it does note that there is no general First Amendment exception for speech about "matters of private concern" (i.e., daily life matters unrelated to bigger ideological questions).
$547 Fine Violates Excessive Fines Clause, When It Exceeds the Target's Ability to Pay
So the Washington Supreme Court holds in a case involving a man who was living in his truck, and who had to pay the money when his truck was impounded for being parked too long in one place.
Rep. Devin Nunes' Libel Lawsuit Against the Washington Post Can Proceed
"A reasonable juror could ... conclude that the article was materially false because it stated that Nunes had made ... a baseless claim (when he had not)."
Facebook Oversight Board: "Fucking Chinese" Referring to Chinese Government Not Forbidden by Facebook Rules
"It is crucial to ensure that prohibitions on targeting people based on protected characteristics not be construed in a manner that shields governments or institutions from criticism."
Fourth Amendment Forbids Handcuffing Driver Just Because He Has Gun + Gun Permit
"Any contrary holding 'would eviscerate Fourth Amendment protections for lawfully armed individuals' by presuming a license expressly permitting possession of a firearm was invalid."
Florida Ban on Private Businesses Requiring Vaccine Verification Likely Violates the First Amendment
So a federal court concludes, in a decision about cruise lines but using reasoning that likely applies to other businesses as well.
L.A. Superior Court Mandates Vaccination for All Staff,
once the vaccine gets final FDA approval (and subject to medical and religious exemptions).
