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
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.
No Heckler's Veto: Court Reverses $1.5M Nuisance Verdict Against Abortion Clinic, Which Was Chiefly Based on Actions of Protesters and Arsonists
A new decision from the Georgia Court of Appeals.
Federal Civil Rights Acts Don't Ban Discrimination Based on Country of Incorporation
So a federal judge holds in a case brought by an Israeli corporation.
Employers May Generally Demand COVID-19 Vaccination as Condition of Employment
So says a federal district court in Houston, in a lawsuit over a Houston hospital's policy.
Eighth Circuit Agrees to Rehear Arkansas Anti-BDS Statute Challenge
The three-judge panel struck down the statute by a 2-to-1 vote, but now the entire Eighth Circuit will consider the case en banc.
"A Narrative We Thought We Knew Is Not the Reality"
Words worth remembering.
"Where Are We—in Moscow in 1953 …?"
A sobering article about the allegations and counter-allegations related to Prof. Amy Chua's supposedly having students over for forbidden gatherings.
Motion to Dismiss in Marc Rotenberg v. Politico LLC
“For diversity jurisdiction to exist, no plaintiff may share state citizenship with any defendant," and "[u]nincorporated associations, including LLCs, have the citizenship of each of their members."
N.C. County Removes Coca-Cola Machines from Government Facilities Because of Coke CEO's Speech About Georgia Election Law
This violates the First Amendment, I think; the government generally may not discriminatorily terminate (or refuse to renew) contracts based on the contractors' speech on matters of public concern.
