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
"Plaintiff Threatened the District Staff's Jobs, Reputation, Careers, and Legal Liability—Not Their Physical Safety"
Tenth Circuit upholds preliminary injunction in favor of volunteer football coach, high school founder, and school district critic.
Free Speech Unmuted: Free Speech on Campus
The latest video podcast episode from Prof. Jane Bambauer and me.
"If He Did Not Want to Be Called a 'Rioter,' Plaintiff Should Not Have Admitted … to 'Participation in … [a] Riot'"
Plus, the significance of omitting "IDK."
Alleged "QAnon John"'s Libel Lawsuit Against Anti-Defamation League Can Go Forward
The court held that the ADL's claims were factual assertions, and not just opinions; whether they are false assertions, and whether plaintiff is a limited-purpose public figure (who would therefore have to show knowing or reckless falsehood) remains to be decided.
Journalist Has No First Amendment Right to Publish Police Chief's Home Address,
even when he got the address through a public records request, and is trying to use it to show the chief lives far from town. The court concluded that the chief's "exact street address is not a matter of public concern" and therefore, under the circumstances, wasn't constitutionally protected.
No Pseudonymity in Title IX Wrongful-Discipline Lawsuits, Holds Seventh Circuit
The decision departs from what most courts have done in such Title IX cases—but tracks what most courts do in the many other cases where disclosing a plaintiff’s name might damage the plaintiff’s reputation and professional prospects.
Court Upholds #TheyLied Intentional Infliction of Emotional Distress Award Against Student Who Accused Professor of Sexual Assault,
but throws out a similar award against another professor who backed the student's allegations. (A jury had concluded the student's allegations were false and defamatory.)
"Last Week, a … [UC Berkeley] Professor Confronted a Muslim Student During a Dinner for Graduating Law Students"
From NBC, what strikes me as a misleading characterization of Professor Catherine Fisk's confronting a student who pulled out a microphone to orate at a dinner organized at the professor's (and Dean Erwin Chemerinsky's) house.
Pennsylvania Court Lets Suit Over Removal of Columbus Statue Go Forward
Such a removal by the city from city property wouldn't violate the First Amendment, but that doesn't preclude claims that the removal violated other legal rules.
Thursday Open Thread
What's on your mind?
Court Reaffirms Commentators' Standing to Intervene to Unseal Court Records
A couple of circuit court decisions noted that the intervenors had to have a concrete plan to write about the records; the court here makes clear that such a plan indeed suffices for standing.
No Sealing of Allegedly Defamatory Statements in Libel Lawsuit
"Dr. Morrison brought this lawsuit. He chose to challenge the accuracy of these statements in a public courtroom. If disclosing the allegedly-defamatory statements invades his privacy or causes him injury, it is solely the result of his own actions and decisions."
Defendant in Federal Case Alleging Long-Ago Sexual Assault of Minor Can't Get Materials Sealed …
based on state sealing law. The lawsuit is against a current Vermont legislator, and alleges the defendant had aided and abetted the sexual assault of the then-16-to-17-year-old plaintiff in 1968-70.
"Pro-Palestine Protester Charged for Threatening to 'Murder' Bakersfield Lawmakers"
"She prioritizes highlighting the intersectionality that comes with the environmental justice movement to achieve collective liberation for all oppressed communities. In her spare time, she enjoys holding elected officials accountable, watching endless amounts of movies, television series and sports, and enjoying time outdoors with her family and friends."