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
Legal Tweet of the Day
The initial question is good, too.
Thursday Open Thread
Better late than never.
California Law Would Define "Harass" to Include Approaching Within 30 Feet to Give Leaflets to Strangers, or to Try to Speak to Them
The bill—focused on speech outside vaccination centers (except labor protests)—just passed both houses of the Legislature, and is waiting for Governor Newsom's signature.
"[No] Posting Anything Further About [Plaintiff]"—You're "Planting Bad Thoughts in People's Heads"
That was the justification for a trial court order, which the North Carolina Court of Appeals has just reversed.
Challenging Unconstitutional Civil Liability Schemes, as to Abortion, Speech, Guns, Etc.
By and large, those schemes (like Texas’s SB 8 liability for abortion providers) must be fought by raising the Constitution as a defense in a civil lawsuit—not through preenforcement challenges.
Thursday Open Thread
What's on your mind?
Virginia Isn't Bound by 1890 Deed to Perpetually Display Robert E. Lee Monument
"Governor McKinney had no power to contract away the Commonwealth's essential power of freedom of government speech in perpetuity by simply signing the 1890 Deed."
Ban on Photographing Children in Parks Struck Down,
in a case brought by a woman who was trying to document her claims that a school affiliated with a local Islamic center was overusing a local park.
"What Is Written with the Quill Can't Be Cut Out with an Axe"
"A word isn't like a sparrow -- if it flies out, you can't catch it."
Don Blankenship's Libel Lawsuit Against Donald Trump, Jr. Can Go Forward
Blankenship had been convicted of a misdemeanor related to a deadly disaster at a mine his company owned; Trump, Jr. had erroneously labeled him a "felon"; a judge concluded that there's enough evidence that Trump, Jr. knew the statement was false, or at least likely false.
No Gag Order in Lawsuit Against Church Alleging Child Sexual Abuse Coverup
The court rejects the argument that publicity about the lawsuit might taint jury pool, and "has imposed a deep emotional burden upon [church's] current members, imposes a possibility of some clients of the church's weekly meal, food pantry, counseling programs, or other services withdrawing their participation [and] imposes a possibility of loss of donors."
Stanford Law School Constitutional Law Center Research Fellowship
An excellent opportunity for would-be legal academics; applications are due September 15.
Baltimore Might Be Liable for Riot Damage to Businesses
A federal court so holds, applying Maryland's Riot Act, and quoting the Mayor's famous line that the City "gave those who wished to destroy space to do that."
Private Prosecutions
Some states still allow ordinary citizens (and not just the usual criminal prosecutors) to initiate a prosecution of someone they accuse of a crime.
Heckler's Veto at SUNY Binghamton May Have Violated First Amendment
The university shut down a speech by noted economist Arthur Laffer because of organized heckling by “progressives.”
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.
