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
"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.
Nametags at Conferences: Four Fails
Four errors conference organizers often make with nametags, and how to avoid them.
The Law of Work-from-Home: Bar Membership
Does a lawyer who works for a New Jersey firm on non-Florida matters, but who lives in Florida, need to be a member of the Florida Bar?
Judge Denies Mega-Law-Firm's Request to Litigate Arbitration Confirmation Under Seal
Dentons US LLP sought to “initiate a civil case under seal by filing a petition to confirm an emergency arbitration award.”
Jerome Corsi & Larry Klayman Seem on Track to Losing Libel/Trademark Lawsuit Against Infowars and Alex Jones
Defendants had said Klayman "'could be the single worst lawyer in America,' has 'never actually won a courtroom victory in his life,' and is an 'idiot' and an 'egomaniac,'" and that "Corsi he seemed to mentally be extremely degraded to the point of what I would call dementia."
Anything You File in Court Can and Will Be Used Against You by People Who Google Your Name
A future Miranda warning for litigants? "I wish the SDNY pro se clinic had made me aware that many third-party commercial services download court documents ... and publish this information on the internet."
No Sealing in Ex-Record Exec Charlie Walk's Malpractice Lawsuit vs. Trump Lawyer Marc Kasowitz
Kasowitz had negotiated a confidential settlement agreement for Walk with UMG Recordings; but the agreement has now been made public, because the judge order it had to be unsealed for the malpractice lawsuit.
Serial Killer's Contract Lawsuit over Author's Promise to Visit and Call Can Go Forward
"[T]he plaintiff could fairly prove that the defendant got what she wanted under the contract and then cut the plaintiff loose."
"Judicial Opinions Serve Many Functions, and One of Those Is Journalistic"
"Our opinions are dispatches from the edge—moments, recounted for posterity, of how Oregon’s laws ... and the lives of its citizens, intersect."
Can Tenure Reviewers' Names Be Sealed in Employment Discrimination Lawsuit Filings?
No, says a district court at first; yes, it says six days later. Always good to check the docket for follow-up orders, if you have the time.
Thursday/Friday Open Thread
Better late than never!
Lawsuit Over School District Terminating Food Supply Contract for Anti-George-Floyd, COVID-Is-a-Hoax, Media-Are-Brainwashing-Us Speech
can go forward, as a First Amendment retaliation claim, holds a federal judge.
Dogs and Cats, Elections, and Prior Restraints
A Tennessee trial court "enjoined the parties [including a recent candidate for elected office] from making any public comments about each other and from making any 'negative or disrespectful comments' about each other to third parties."
Wrongly Ejecting Teenager from Sports Club for Sexual Misconduct May Be Intentional Infliction of Emotional Distress,
if it's done without adequate investigation, and as a means of retaliating against the teenager's parent.
Police Officer's Libel Lawsuit Over Netflix's Making a Murderer Can Go Forward,
at least through discovery and until the motion for summary judgment; Netflix’s motion to dismiss has been denied.
Laurence Tribe, Several Others, and Me on "The Free Speech Implications of the 'De-Platforming' of Donald Trump"
I much enjoyed being on this American Constitution Society chapter panel.
Censor of Anti-China Speech Among Us
Two Illinois legislators meet with a high school principal complaining about an anti-China poster distributed by a student group, which promptly loses its faculty sponsor and has to
Avenatti v. Fox News Goes Full-On Civ Pro
Remember, the lawyer’s true superpower is to turn every question into a question about procedure.
Texas High Court Upholds Revenge Porn Statute,
by limiting it to exclude people who sincerely believed the material wasn't revenge porn (i.e., the participants had agreed that it be publicly released).
Is It Libelous to Falsely Say Someone Is Working with the Police?
Special bonus connections: disbarred lawyers, Tupac Shakur, New York City political figures, and then-not-yet-Attorney-General Michael Mukasey.
Alan Dershowitz's Libel Lawsuit Against CNN Can Go Forward
The lawsuit stemmed from CNN's coverage of Dershowitz's argument in the first Trump impeachment trial.
"How the Liberal Media Dismissed the Lab-Leak Theory and Smeared Its Supporters"
An article by Jonathan Chait (formerly of The New Republic and The American Prospect) in New York magazine.
