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
Some Rhetoric from the Rotenberg v. Politico Complaint
Gripes about publishers getting "private commercial benefit" from "hate speech, propaganda, and statements that seek to destabilize American democracy"; argument that "[t]he public figure doctrine emerged in an era prior to the Internet advertising model that rewards news organizations for the ongoing display of defamatory content."
The Legal Complexities in Rotenberg v. Politico—#1332 Might Surprise You!
Remember: Lawyers’ true superpower is the power to turn all questions into questions about procedure.
When Is It Tortious to Report on Someone's Positive COVID Result?
A privacy controversy in a lawsuit by privacy advocate Marc Rotenberg (formerly of EPIC, the Electronic Privacy Information Center).
Vermont: Special Vaccine Access If You're of the Right Racial Group
Clearly unconstitutional.
California Court Refuses to Apply Iranian Law, in Part Because It Reflects Religious Ideology Rather Than Economic Interest
Plaintiff had been an Iranian citizen exposed to asbestos in Iran, from 1959 to 1979; he then moved to California (after defendants' negligent conduct took place), and developed mesothelioma and died.
Ninth Circuit Lets #TheyLied Suit Against Lawyer Lisa Bloom Go Forward
The lawsuit was brought by casino developer Steve Wynn, over a press release put out by Bloom related to a sexual harassment claim that Bloom's firm brought on behalf of a dancer.
Do Nannies Have "Justifiable Expectation" That They Won't Be Audiorecorded at Work?
No, says the Pennsylvania Supreme Court, though over a dissent.
Amicus Brief in the Student Speech Case
"In Tinker, this Court held that "[i]t can hardly be argued that … students … shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." Yet [the school district] argues that students shed much of their freedom of speech even outside the schoolhouse gate, so long as their off-campus speech is reasonably expected to reach campus."
N.Y. High Court Strikes Down Special Prosecutor Statute
An interesting state constitutional decision.
Journal of Free Speech Law Pre-Call For Papers: Student Speech and Associational Privacy,
in light of the Supreme Court's forthcoming Mahanoy and Americans For Prosperity cases.
25-Foot Rooftop Videocamera Peering Into Neighbor's Yard Must Be Taken Down
Sounds right to me.
Apparent Unconstitutional Race Discrimination in School Reopening Plan
at the West Contra Costa Unified School District (Northern California).
Government Drone Overflights May Violate Fourth Amendment, Trigger Exclusionary Rule
An interesting Michigan appellate decision.
Pronouns in the University Classroom & the First Amendment
A federal appellate court lets a professor's First Amendment claim go forward, in an opinion that powerfully protects faculty academic freedom more broadly.
NYPD Must Release Body-Cam Footage of Fatal Shooting of Woman,
but with "blurring images of [Susan] Muller's body and blood spatter."
A Lawyer Line I Heard Decades Ago
I wish I remembered the source.
Universities Can't Selectively Enforce Nondiscrimination Policies Based on Student Groups' Viewpoints
That’s a clearly established constitutional mandate, the Eighth Circuit holds, so a university can’t get qualified immunity from liability in such a case.
Duty to Stop Reporting Highly Incomplete Reports of Legal Proceedings
I'm continuing to serialize a forthcoming article of mine that discusses (among other things) such a proposed interpretation of libel law.
Our Right to Criticize Governments and Countries,
whether the U.S., China, Israel, or anyone else.
Univ. of San Diego Law School Investigating Professor for Post Critical of China
In context, it seems clear that the post's reference to "Chinese" is indeed a reference to the Chinese government, not to people of Chinese extraction.
National Review Not Liable for Mark Steyn's Blog Post About Michael Mann
The court doesn't decide whether the column was libelous, but just that the National Review wasn't liable for Steyn's post, because Steyn wasn't an employee.
N.Y. Court Upholds Repeal of Religious Exemption to Vaccination Requirement
Seems quite right to me.
Incomplete Reports of Legal Proceedings as Libel
A bit of background on the current law of libel; I'll have more about the implications of this in an upcoming post.
The Duty to Correct Your Own Libelous Posts, and the Single Publication Rule
I publish something about you on Jan. 1, but I don't learn that it's false until Jan. 2. You then sue me for not taking down the post—should my liability turn on my mental state as of Jan. 1, or as of the time you sue?
