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
Denials of Professional Licenses Based on Past Social Media Posts
Joshua Gray was denied a Maine private investigator license on the ground that his past posts erred in criticizing a Maine State Police lieutenant; we’ve filed an amicus brief supporting the petition asking the Supreme Court to review the matter.
Ex-Wife Criminally Punished for Talking to Newspaper About Her Police Sergeant Ex-Husband
The court concluded that the conversation violated a previous order barring the ex-wife "from making any other public allegations against the Petitioner, Joe Stark, on social media (on any platform) or to his employer which may affect Petitioner's reputation or employment."
Does Auto Insurance Policy Cover Spreading STD When Having Sex in a Car?
And can the parties remain pseudonymous in the lawsuit related to this?
Black Lives Murdered
U.S. homicides increased nearly 30% from 2019 to 2020. Homicides of blacks spiked even more, making up 56% of the victims whose race was known instead of 53% in 2019. This amounted to over 2000 extra yearly deaths among blacks.
"What If Trigger Warnings Don't Work?"
"New psychological research suggests that trigger warnings do not reduce negative reactions to disturbing material—and may even increase them."
Thursday Open Thread
What's on your mind?
Draft of Proposed Amicus Brief in Anti-Libel Injunction / Society for Creative Anachronism Case
Should I file it in a Gothic font?
The First Amendment and Restrictions on "Off-Site" Signs
Here’s an amicus brief our UCLA First Amendment Amicus Brief Clinic just filed, on behalf of the Cato Institute.
N.J. Court: Newark May Impose Employee Vaccine Mandate Without Negotiating with Union
The appellate court reversed a Public Employment Relations Commission, which had partly restrained the implementation of the mandate.
"Must SCOTUS Injunctions Abide By Precedent?"
A very interesting post by my former colleague (now at the University of Virginia) Richard Re.
"I Eat Ass" Bumper Sticker Might Be Obscene and Thus Constitutionally Unprotected
So holds a district court, concluding that the law is unclear enough that a police officer was entitled to qualified immunity based on his arresting a man for the sticker.
Sheriff Violated First Amendment by Ordering Teen to Take Down Post Saying She Had COVID
“Defendants may have preferred to keep Marquette County residents ignorant to the possibility of COVID-19 in their community for a while longer, so they could avoid having to field calls from concerned citizens, but that preference did not give them authority to hunt down and eradicate inconvenient Instagram posts.”
Libel in the Society for Creative Anachronism
An interesting example of libel that harms reputation within a social community, rather than professional or business reputation.
Friday Open Thread
Friday is the new Thursday, this week.
Government's Frivolous, Retaliatory Demand for Critic's Business Records May Violate First Amendment
"When ordinary people without legal training receive a demand from a government agency to produce tax returns and evidence justifying their business activities, a natural reaction is some degree of apprehension and defensiveness. Such concern is sensible because the transaction costs of dealing with a government investigation are never zero."
Virginia Tech Computer Policy Banning "Intimidation, Harassment, and Unwarranted Annoyance" Is Unconstitutionally Vague and Overbroad
So holds a federal district court.
Tenure Review Files Can't Be Sealed in Academic Employment Discrimination Lawsuit
“Evidence about Penn’s treatment of other tenure candidates will be at the heart of the parties’ arguments.”
Supreme Court Will Stick with Some Seriatim Argument This Fall
The experiment, instituted for remote arguments, seems to have been judged to have been a success. [UPDATE: Note the correction, which I hope is indeed correct ....]
Inadequately Amend Your Complaint, End Your Complaint
Court dismisses Ice Cube's trademark lawsuit over Robinhood's use of his image and of a version of his "Check you self before you wreck yo self" line.
Bonnie Snyder (Foundation for Individual Rights in Education) Guest-Blogging About "Undoctrinate" …
"How Politicized Classrooms Harm Kids and Ruin Our Schools―and What We Can Do About It."
Muslim Women Have First Amendment Right Not to Remove Head Covering for Booking Photos
The same logic would apply to Orthodox Jewish women, and to men who wear religious headgear,
Court Rejects First Amendment Overbreadth Challenge to Ban on Obstructing Law Enforcement
The defendant is accused of spraying Portland police officers with bear spray at a protest outside the Immigration and Customs Enforcement building.
Allegations in Complaint Against Real Estate Agent Broadly Protected Against Libel Liability
So holds the Nevada Supreme Court, applying Nevada law.
Court Seals Name of Party, Orders Public Access Advocacy Group Not to Mention the Name
An interesting prior restraint case now being litigated in the Hawaii Supreme Court.
Paycheck Protection Program Exclusion of Nude Dancing Establishments Likely Constitutional
So says the Seventh Circuit, agreeing with an earlier Second Circuit decision.
Thursday Open Thread
What's on your mind?
