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
Overbroad Injunctions Against Speech
Why Are Some Courts Issuing Overbroad Injunctions Against Speech? "All the Craziness … Needs to Stop Totally"
Some speculation from my forthcoming article.
Adjunct Law Professor Fired for Saying to Colleague, "A Lot of My Lower [Graded Students] Are Blacks"
Compare: “With the exception of traditionally black law schools ..., the median black law school grade point average is at the 6.7th percentile of white law students.”
Overbroad Injunctions Against Speech
Why Are Some Courts Issuing Overbroad Injunctions Against Speech? Part 2, Judges as Flexible Problem-Solvers
Some speculation from my forthcoming article.
Attorney Fee Award Can Be Reduced If Hours Stem in Part from Attorney's Incivility
“Seasoning a disagreement with avoidable irritants can turn a minor conflict into a costly and protracted war.”
Overbroad Injunctions Against Speech
Why Are Some Courts Issuing Overbroad Injunctions Against Speech? Part 1, Absence of Intermediaries
Some speculation from my forthcoming article.
"The Presumption of Openness [of Court Records] Is Law 101"
“But increasingly, courts are sealing documents in run-of-the-mill cases where the parties simply prefer to keep things under wraps.”
Redskins Owner, Indian Libel Lawsuit, Friday Night Lights, Jeffrey Epstein, and a "Conspiratorial Saga"
“[T]hat the subpoenas directed at Mrs. McCloughan may be less of a bona fide effort to obtain evidence supportive of the claims brought in the Indian Action, than they are an effort to burden and harass individuals formerly associated with the Washington Football Team who may have acted as sources for The Washington Post story.”
Overbroad Injunctions Against Speech
Overbroad Injunctions Against Speech: Narrower but Still Overbroad
I’m continuing to serialize a new law review article draft of mine.
Overbroad Injunctions Against Speech
Overbroad Injunctions Against Speech: "Stop Talking About Plaintiff" Injunctions
I’m continuing to serialize a new law review article draft of mine.
Overbroad Injunctions Against Speech
Overbroad Injunctions Against Speech (Especially in Libel and Harassment Cases)
I’m serializing a new law review article draft of mine.
City Council Member's Harassment Restraining Order Against Critics Reversed
Carlsbad City Council member Cori Schumacher had claimed the critics’ speech was threatening; no, the judge eventually held: "Simply calling these posts threats is not enough."
"Health Experts Are Telling Healthy People Not to Wear Face Masks for Coronavirus. So Why Are So Many Doing It?"
A blast from the not-so-distant past, plus a thought about the vaccine-cautious.
Don't Play Perry Mason in This Court, Counsel
An incriminating secret recording, played in a deposition to contradict a defendant’s denial, can’t be used as evidence, because it wasn’t disclosed at the outset as part of the parties’ discovery obligations.
Paycheck Protection Program Exclusion of Nude Dancing Establishments Upheld
The Second Circuit held that this was a permissible viewpoint-neutral restriction on a subsidy program.
Anti-Riot Act Partly Upheld, Partly Struck Down
The Ninth Circuit decides a case involving "Rise Above Movement" white supremacists who participated in riots in California.
Pseudonymity Controversy in Kevin Spacey Sex Abuse Case
May plaintiffs alleged sexual assault proceed pseudonymously, when the defendant is being publicly named?
Texas Court Reverses $1.2 Million Libel Decision Based on Yelp Review Complaining About Earlier Unpaid Judgment
The libel claim, the court held, was foreclosed by an agreement settling the lawsuit that had indirectly led to the review.
New Colorado Bill Would Create Commission to Restrict "Hate Speech," "Fake News," "Conspiracy Theories" on Social Media Platforms
The bill was introduced by Colorado Senate president pro tem Kerry Donovan (who is also running for Congress).
Betcha Litigants Have Surpassed This Bar Since
From a 1901 Minnesota Supreme Court decision.
Plastic Surgeon "Performs Surgery While Appearing at Video Traffic Court Appointment"
The judge was rightly not amused ("I'm concerned about the welfare of the patient based on what I'm seeing"), and the California Medical Board might not be, either.
Attorney Fees Motion Can't Be Decided with the Attorney Fees Sealed
"[O]nce a matter is brought before a court for resolution, it is no longer solely the parties' case, but also the public's case."
Beauty Pageant Has First Amendment Right to Exclude Male-to-Female Transgender Contestants
So a federal district court apparently held in Green v. Miss United States of America, LLC.
Plaintiff Loses Libel Appeal Against Above The Law
The statements about former law student Jonathan Mullane were either a fair report of court proceedings or protected by the First Amendment.
Washington S. Ct.: Strict Liability Drug Possession Ban Unconstitutional
A legislature may not "criminalized ... passive and innocent nonconduct," the court says, applying both the federal and state constitutions' due process clauses.
"Interrogee"
That's a new one on me, though the meaning is clear.
Libel Lawsuit Over "Son of a Hitman" Podcast [UPDATE: The Lawsuit Has Been Dismissed]
The podcast is about Charles Harrelson (actor Woody Harrelson's father), who had been convicted of murdering a federal judge
Clare Locke's Letter to Twitter About Suspension of @TheOvalPawffice
(Clare Locke LLP is one of the top plaintiff's-side libel law firms, though this isn't a libel case.)
Conviction for Praising Prostitutes (as "Promoting Prostitution") Upheld
Not sure that paying for sex makes you an "extraordinary gentleman," even if you do try to "give something back" by providing expert consumer reviews.
