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
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?
No "Private Matter Among Friends" Exception to Public Access to Court Records
"Public access [to judicial records] serves to promote trustworthiness of the judicial process, to curb judicial abuses, and to provide the public with a more complete understanding of the judicial system, including a better perception of its fairness."
The Existing Duty Not to Continue Displaying Posts on Physical Property -- an Analog to a Similar Duty as to Online Posts
I'm continuing to serialize my forthcoming law review article on the duty to correct your own libelous posts, once you learn that they are libelous.
Lawsuit Against College for Part Refund of Fees for COVID-19 Shutdown May Go Forward
“[As to the] university’s ... argument that any breach resulting from the transition to online teaching was de minimis because the student still earned credits toward a diploma: ‘This is kind of like purchasing a Cadillac at full price and receiving an Oldsmobile. Although both are fine vehicles, surely it is no consolation to the Cadillac buyer that the ‘Olds’ can also go from Point A to Point B.’”
Plaintiff "Must Have Known That the Embarrassing Events During His Previous Employment Would Be Central to … the Case"
Court records are generally public records, embarrassing as they might be for the parties.
Reasons for a Duty to Correct Libelous Materials You Posted
I'm continuing to serialize my forthcoming law review article on this subject.
Monday Media
Have any books, movies, or TV shows you can recommend?
"Some References Are Just Sophomoric Attempts at Humor"
A Maryland court reverses a juvenile delinquency adjudication based on a supposed threat at school.
No Right of Publicity Claim for Publishing Court Opinion with Plaintiff's Name
Obvious, but good to have a cite for that.
A Duty to Correct Libelous Material You Posted, Once You Learn That It's Libelous
Another article that I'm serializing over the coming days.
Thoughtcrime at Georgetown? "It Is … Wrong for Faculty to Be Thinking -- Not Just Speaking -- …"
... about there being disproportionate number of black students near the bottom of a class.
No Sealing of Documents in Dispute Over Settlement of Public School Air Quality Lawsuit
"The public has every right to understand how the public and elected officials of the Town of Wilton and the Wilton Public Schools in the exercise of their best judgment sought to resolve this case."
Court Reinstates $550K Award in #TheyLied Lawsuit
The plaintiff was fired and accused of sexual harassment; he won a libel lawsuit over that, and the jury awarded him $550K, but the trial court had reduced it to $100K.
Kentucky Bill Would Ban "Fighting Words" Aimed at Police Officers
Is that constitutional? Not clear.
