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
S.F. "Basic Income" Program for Pregnant Women -- But Women of the Wrong Races Need Not Apply
Only black and Pacific Islander women are eligible -- almost certainly a violation of the Equal Protection Clause.
"Due Process in a Fee Driven State"
A very interesting law review article from Profs. Glenn Harlan Reynolds (Instapundit) & Penny White.
Federal Court Holds Pennsylvania's Shutdown Order Unconstitutional: Business Shutdown
Still more on this interesting decision (and one that takes a much less government-friendly approach than many other recent decisions on these general topics).
Federal Court Holds Pennsylvania's Shutdown Order Unconstitutional: Stay-at-Home Order
More on this interesting decision (and one that takes a much less government-friendly approach than many other recent decisions on these general topics).
Federal Court Holds Pennsylvania's Shutdown Order Unconstitutional: Limits on Public Gatherings
It also strikes down the stay-at-home order and business closings, but I'll discuss that in separate posts.
Excluding Transit Ads That "Contain Political Messages" Violates the First Amendment
The distinction between "political messages" and other messages isn't "capable of reasoned application," holds the Third Circuit.
Libel Lawsuits Against Federal Government Officials (E.g., Senator Warren or President Trump)
Under the Westfall Act, the Justice Department can generally take over the defense of many such cases—and then get them dismissed.
"Students Demand Skidmore College Fire an Art Professor for Observing a Pro-Cop Rally"
"David and Andrea Peterson didn't even participate in the rally—they just watched it. The students don't care."
The Great USC Chinese Homonym Panic of 2020
Global reactions, plus a question [UPDATE: which has been answered, see below]. (This post, put up yesterday afternoon, was bumped so people can see the UPDATE.)
Rule 11 Sanctions in "Quackwatch" Libel Case
Plaintiffs claimed that defendants had libeled them to foreign officials—but didn't have enough evidence that the defendants had actually said anything to those officials.
Statements from USC Dean and Provost About the Greg Patton / "Neige" Controversy
The framing is now that Prof. Patton's example was unduly "polarizing" -- but does that normally call for a professor to be switched in the middle of the course?
Letter from USC Marshall School of Business Alumni About the "Neige" / Prof. Greg Patton Controversy
"This current incident, and Marshall's response so far, seem disturbingly similar to prevalent behavior in China [during the Cultural Revolution]—spurious accusations against innocent people, which escalated into institutional insanity."
If Employers Believe That Hearing the Mandarin "Neige" (Meaning "That") "Affect[s]" Black Students' "Mental Health,"
would they be likely to hire blacks for jobs in China, or anywhere where they might have to hear Mandarin?
No Punitive Damages in Sex Abuse Lawsuits Against Jeffrey Epstein Estate, Because of Epstein's "Reported Suicide"
Under N.Y. law, "punitive damages shall not be awarded" when the defendant is dead; that's also the general rule throughout the country.
USC "Casting Insult Toward the Chinese Language"
More on the Mandarin "neige" controversy.
Facebook Need Not Remove "Russia State-Controlled Media" Label from Maffick's "In the Now," "Waste-Ed," and "Soapbox" Pages
"In effect, Maffick contends that it is likely to succeed on the merits because its CEO says so. That is far from enough to establish a likelihood of success on the merits, particularly in light of the largely undisputed counter-evidence Facebook tendered."
8th-Grader Suspended for "Search[ing] for Inappropriate Topics," Such as "Worst WWI Gun"
Fortunately, the N.Y. State Education Department has now reversed the decision, which had been made by the Valley Central School District (about 70 miles north of New York City).
USC Communications Professor "on a Short-Term Break" for Giving Chinese Word "Neige" as Example …
in a class discussion of filler words in conversation (which "neige" apparently is).
Tenured Professor Fired for Accurately Quoting Leading Campus Speech Code Case
The professor, chair of the Central Michigan University journalism department, was teaching a media law class, and quoted a case that discussed the use of the word "nigger" at public universities.
Arizona Supreme Court Strikes Down Sentence Enhancement for "Criminal Street Gang Member[s]"
The statute, which upgraded threatening or intimidating from a misdemeanor to a felony "if the defendant is a criminal street gang member" (regardless of whether the crime is connected to gang membership), the court held, violates substantive due process.
Arizona Supreme Court Justice Clint Bolick, Writing Against the "Presumption of Constitutionality"
(Note the citation to, among others, our own Randy Barnett.)
"Some [Academics] Fear for Their Career Because They Don't Believe Progressive Orthodoxies"
From Prof. John McWhorter (Columbia) in The Atlantic.
Right of Publicity Lawsuit by Alleged "Pantless Couponer" Dismissed
“Just because the story and the photograph may be embarrassing or distressful to the plaintiff does not mean the newspaper cannot publish what is otherwise newsworthy.”
Judge Justin Walker on Bar Bureaucracies, Mental Illness, and More
"[One day, t]he Bar Bureaucracy will have to answer for a medieval approach to mental health that is as cruel as it is counterproductive."
May Legislature Restrict State Constitutional Right to Keep and Bear Arms in the Legislative Building?
A court should decide that question by interpreting the state Bill of Rights, the New Hampshire Supreme Court says; it shouldn't conclude that this is a "political question" to be decided purely by the Legislature and the people.
Trying to Unseal Affidavit and Block Pseudonymity in Cincinnati Police Officer Libel Case
The Cincinnati Enquirer and I have just filed a petition seeking this, in the Ohio Court of Appeals.
Kentucky AG: Government Can't Shut Down In-Person Teaching at Religious Schools
The AG's opinion applies strict scrutiny under the First Amendment and the Kentucky Religious Freedom Restoration Act, and concludes that the medical evidence suggests total shutdowns aren't necessary to preserve public health.
Should Universities Recommend (or Demand) Epithet Filtering on Students' and Professors' Internet Devices?
A thought experiment that came to my mind; I'd love to hear what others think about it.
The Controversy Over Quoting Racial Epithets, Now at UC Irvine School of Law
Plus a new draft law review article on the subject, by Prof. Randall Kennedy (Harvard Law School), a leading scholar of race and the law, and me.
Ambazonia, Remedies, and the First Amendment
Across the Atlantic from Amazonia lies ... Ambazonia.
Palin v. New York Times District Judge Refuses to Overrule Supreme Court Precedent
"Binding precedent does not ... come with an expiration date."
Sarah Palin's Libel Lawsuit Against the New York Times Can Go to Trial
There is enough evidence that the Times knew their allegations were false (or at least were likely false) to go to the jury.
Defendant Agrees to Bench Trial, But Government Insists on Jury Trial
Court says: Because of the epidemic and the resulting suspension of jury trials, bench trial it is.
