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
"Trump Was Kicked Off Twitter. Who's Next?"
"We should be wary of corporate power over political speech."
Online Criticism of Retirement Community + Picketing Lead to Ohio Criminal "Harassment" Prosecution
We’ve filed an amicus brief supporting a motion to dismiss the charges.
"I'm Gonna F**king Blow up the School and Call It a Mission from God"
Wait, I don't think that's how it's supposed to work.
Interesting Domicile Case Involving Kevin Spacey
Special bonus to commenters who can tie this civil procedure question to a line from one of Spacey's movies.
Malpractice Plaintiffs Ask to Project Family Members' Images on Courtroom Screens During Opening Statements and Closing Statements
No dice, says the trial judge; sounds right to me.
More on "Journalists Might Be Felons for Publishing Leaked Governmental 'Predecisional Information'"
Interesting developments before the Supreme Court, which is scheduled to consider the case Friday.
Can a Fighting Words Charge Lead to a Higher Sentence Because of the Defendant's Racial Motivation?
Yes, the Ohio Court of Appeals held Thursday.
Thursday Open Thread, Special New Year's Eve Edition
It's special!
2020 Began with the U.S. Mint Releasing Quarters Depicting … Bats
I'm just hoping the 2021 quarter doesn't depict any flaming meteors.
The Hunter Biden Laptop Repairman's Federal Libel Lawsuit Against Twitter Fizzles Quickly …
though the case can be refiled in state court.
District Court Reverses Own Right-to-Be-Forgotten-Like Decision
The judge had earlier ordered search engines and web sites to remove materials about a employment discrimination lawsuit.
FBI: Murder Up 21% in First 3/4 of 2020
Rape -15%, robbery -10%, aggravated assault +8%. Arson +24%, car theft +9%, burglary -9%, larceny -11%.
Latest Decision in Sarah Palin v. N.Y. Times: N.Y.'s New Anti-SLAPP Law Is Retroactive
If this decision stands, then the Supreme Court wouldn't have a chance to reconsider the N.Y. Times v. Sullivan "actual malice" requirement in this case (not that it was likely to in any event).
"President Trump Remains the Most Powerful Man in the World,
but powerless to achieve what he most wants: to avoid leaving office as a loser."
Hunter Biden Laptop Repairman Sues Twitter for Labeling the Documents "Hacked"
Twitter's labeling, John Paul Mac Isaac contends, implicitly accused him of being a hacker, and was therefore libel.
No Injunction Against Using Person's Name/Likeness in Promoting Free Podcasts …
even when the podcast producer tries to make money from them.
Tips for Zoom Parties
They work well, if you use the self-selecting breakout room feature. [UPDATE: Bumped, for the common good.]
Not "Defamation Per Se" to Falsely Accuse Someone of Being Gay
But it could be defamation, if special damages are proved (e.g., if there is evidence that someone has lost business opportunities because prospective business partners disapproved of his sexual orientation).
Misgendered by Whom?
Neil deGrasse Tyson is determining Rudolf's gender based on Rudolf's anatomical features.
And We Should Trust You Now, Dr. Fauci, Because …?
"When polls said only about half of all Americans would take a vaccine, I was saying herd immunity would take 70 to 75 percent.... Then, when newer surveys said 60 percent or more would take it, I thought, 'I can nudge this up a bit,' so I went to 80, 85."
An Interesting Duty to Retreat (or Duty to Avoid Trouble?) Case, from a Century Ago
Self-defense against racist rioters.
Mother Forbidden from Mentioning Her Own Name in Criticizing Custody Decision—and the Penn. S. Ct. Upholds This
The Pennsylvania Supreme Court 5-2 majority concludes that the injunction is "content-neutral," quite erroneously, I think.
Stand Your Ground (35 States) vs. Duty to Retreat (15 States)
But what exactly do these terms mean? [UPDATE: Sorry, had the numbers completely swapped in the original title; d'oh!]
Guidance on Filing Sealed Documents
Don't just file the document unsealed, and then ask for sealing
