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
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"Are LLMs Stifling Political Speech? An Assessment of How AI Models Protect Free Expression"
A new report from Meta's Oversight Board.
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Trump Media's Lawsuit Against Wash. Post Over "Trust Linked to Porn-Friendly Bank Could Gain a Stake in Trump's Truth Social" Thrown Out
The court concluded that there wasn't enough evidence that the Post's statement (which the Post later retracted) was said with "actual malice," which is to say knowledge or recklessness about its falsehood.
Claim That Accuracy in Media Misidentified the Person Holding Allegedly Pro-Hamas-Violence Sign at Columbia Protest …
can go forward, Georgia appellate court rules.
Death Metal and the Statute of Frauds (plus Alleged Cancellation Because of Sexual Assault Claims)
Contract law awaits us all.
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Federal Judge in Texas Not Wild About Fifth Circuit's Recent Precedent
"[T]he Fifth Circuit ... discerned that pedanticism ought to be favored over practical wisdom."
Ban on "Personal, Impertinent or Slanderous Remarks" in City Council Public Comments Is Unconstitutional
So the Fifth Circuit held a few weeks ago.
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Libel Defendant Can't "Stroll into a Deposition, Pull a Jon Lovitz and Announce," …
"'Yeah, I had no idea it was false. Yeah, that's right. Yeah,' then demand summary judgment because no one possesses contrary evidence from inside his head. That may be the ticket for comedy. It is not the ticket for summary judgment."
Stop Posting "Personal, Confidential, or Humiliating Information" About Your Ex, Influencer Is Ordered
The Texas Court of Appeals just upheld the order.
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Reminder: Second Annual Aspiring Free Speech Scholars Workshop
We've already received several submissions, but you can submit until August 16.
How to Avoid Annoying Your Judge with Your Sealing Requests
Among other things, "Don't do things that shift work from lawyer to judge."
AI-Generated Briefing Must Be Cite-Checked by Lawyer, Not Just a Paralegal
At least that is so in California, a California appellate court holds
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"A Black Robe Is No Guarantee of Gray Matter"
"There's no shame in admitting error. There's only shame in not admitting error."
