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
Is Lawyer Ghost-Writing of Self-Represented Litigants' Briefs Unethical?
The issue has come up in the Shiva Ayyadurai lawsuit against Massachusetts officials over his deplatforming from Twitter (though Ayyadurai claims that his brief wasn’t written by lawyers, but just reviewed by them).
Lawsuit Over George Mason Vaccination Requirement Seeks Exemption for Those Who Had Already Contracted COVID
The lawsuit is filed by our own coblogger Todd Zywicki, a professor at the George Mason law school.
Cal. Legislature on Track to Define "Harass" to Mean "Approach to Speak to," and …
to ban such "nonconsensual and knowing approach[es] within 30 feet of another person ... for the purpose of passing a leaflet ..., displaying a sign to, or engaging in oral protest, education, or counseling" "in connection with any vaccination services."
Can California "Safe at Home" Law Be Used to Retroactively Pseudonymize Past Cases?
The law was set up to protect the home addresses of victims of domestic violence, stalking, and the like; but it also has a provision that allows victims to conceal their names from the public when litigating.
Changing Hyphens to En Dashes in Footnotes, in Bulk
Law review editors, take note!
Parents Challenging "Anti-Racism" Curriculum Can Litigate Pseudonymously, to Shield Their Children
"The extreme emotions on both sides of this debate make likely the risk of ridicule and mental or physical harm to the parents in this suit—but more concerning—to their minor children."
Thursday Open Thread
What's on your mind?
"Judge Overturns SF School Board Decision To Cover Up Controversial Mural"
The rationale: The Board violated the California Environmental Quality Act, which requires Environmental Impact Reports before actions that affect the environment or objects of historical significance.
Czech Constitution Soon to Include the Right to Bear Arms
The word "pistol," it turns out, is borrowed indirectly from Czech.
Fixing Straight Quotes in Word Documents
Law review editors and lawyers, take note.
Special Court Dedicated to Appeals from Cosplay Disputes?
It's the CosAppeals, in Maryland.
COVID Closures of Private Schools May Have Been Unconstitutional
So holds a Ninth Circuit panel (by a 2-1 vote), evaluating the California closure rules.
Thursday Open Thread
What's on your mind?
Judges "Need Not Accept a Prisoner's Self-Diagnosed Skepticism About the COVID-19 Vaccines"
“as an adequate explanation for remaining unvaccinated.... A prisoner who can show that he is unable to receive or benefit from a vaccine still may [seek compassionate release for health risk reasons], but, for the vast majority of prisoners, the availability of a vaccine makes it impossible to conclude that the risk of COVID-19 is an ‘extraordinary and compelling’ reason for immediate release."
Bill O'Reilly Gets Temporary Order to Stop Andrea Mackris from Breaching Her Nondisclosure Agreement
Mackris was going to go on The View
Freedom of Speech ≠ The Free Speech Clause
One key difference: The Free Speech Clause is about governmental restrictions on speech; freedom of speech is about restrictions on speech more broadly.
"It's a Tweet with a Filing Fee, Not a Lawsuit"
A funny line from a commenter.
When Government Urges Private Entities to Restrict Others' Speech
Jen Psaki's comments about the government "flagging problematic posts for Facebook" raises the issue; so does Donald Trump's lawsuit against social media platforms, based on government statements that allegedly coerced those platforms.