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
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Thursday Open Thread
What's on your mind?
My Identifying Would-Be Jane Doe Litigant in Law Review Article Wasn't "Harassment,"
notwithstanding the claim that it “invites worldwide haters to threaten, stalk, and commit violence against” her.
Religious Exemption Claim Brought by Employees Who Objected to COVID Vaccination and Testing Can Go Forward
So says a federal appellate court, applying federal employment law, which requires employers to exempt religious objectors even from generally applicable job rules, unless exemption would impose an "undue hardship" on the employer.
No Pseudonymity for Student Challenging University Discipline in Non-Sexual-Assault/Harassment Case
"The disciplinary proceedings arose from Plaintiff's development of an 'artificial intelligence-based learning tool,' with another student, which the University's Honor Council eventually concluded 'was offensive to Emory's community standards' as it might result in academic dishonesty and cheating."
Prof. Doriane Coleman (Duke), Guest-Blogging About "On Sex and Gender: A Commonsense Approach"
"'An ideological preference for characterizing sex as a social construct, a stereotype, and a myth,' she asserts, denies the science of sex differences as well as common sense."
Delaware Court on the First Amendment Exception to "Speech Integral to Criminal Conduct"
"Some courts have incorrectly used this exception to rationalize upholding a statute that criminalizes speech ... simply because their legislature passed a law labeling it criminal. The limited line of United States Supreme Court cases that have addressed this exception in no way supports such a broad reading."
"After Edokobi's Employees Left, Smith Cast 'Evil Curses' upon Edokobi's Life and Business"—But Not Libelous Ones
More usefully, the case is a reminder that insults and other expressions of opinion aren't libelous.
Court Overturns Littering Conviction for Leaving Bags with Messages on Neighbors' Lawns in Response to Their Political Signs
"[A]ll the residences where he left materials had political signage in their yards and none of them had no trespassing signs posted. Thus, their consent to receive literature is 'implied from community custom and tradition.'"
Court Declines to Dismiss Libel Suit by Anthropologist Accused of Mishandling Human Remains from Project MOVE Bombing
The case was brought by Dr. Janet Monge against the University of Pennsylvania.
Can Nonprofits That Help Organize Protests Lose Their Tax Exemptions?
Not because of the viewpoints they express—but yes if they engage in systematic illegal conduct.
You Say "Unalive," He Says "Vixerunt": Everything Old Is New Again
For thus the TikTokers who wish to avoid words of ill omen indicate death.
"Have You Ever Considered That Your Presence Poses a Risk to Other Participants and the Public?"
A question a Polish journalist asked an Israeli contestant (Eden Golan) in the Eurovision Song Contest.
MIT President's Statement on Removal of Encampment
"Disciplinary measures were not sufficient to end [the encampnent] nor to deter students from quickly reestablishing it."
Court Orders Unsealing of Documents in Lottery Winner's Lawsuit
The lottery winner is suing an ex-girlfriend based on a non-disclosure agreement aimed at concealing his identity. (The motion to unseal, at this point, is aimed at just unsealing various sealed documents in the case, not at disclosing the parties' names.)
