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
"Policing the Police: The Impact of 'Pattern-Or-Practice' Investigations on Crime"
An interesting draft study by Harvard economics professors Tanaya Devi and Roland G. Fryer Jr.
Prof. Randall Kennedy (Harvard Law) on Accurately Quoting Racial Epithets
"For me, demands for silence, for avoidance, or for bowdlerization will be offered no deference."
No Routine Sealing of Names of Officers Who Arrested Molotov-Cocktail-Thrower
"Absent some concrete threat to the officers, which has not been suggested here, there is no principled way to discern why this case would justify redactions while others would not."
Does City's Painting of Messages on City Streets Require It to Give Equal Access to Other Messages?
No, if the city endorses the messages as its own.
One Win, One Loss for Second Amendment Claims in the Epidemic
A federal court in Connecticut struck down a policy that effectively stopped gun purchases; a week ago, a federal court in California upheld such a policy.
May the Law Ban Calls to Government Offices "Using Indecent Language" "With Intent to Harass or Embarrass"?
With a special cameo appearance by Eric Holder.
Court Allows Subpoena of Media for Unpublished but Nonconfidential Interview Outtakes
An interesting illustration of the qualified privilege that many courts recognize in such cases.
What Would It Mean for President Trump to Declare Antifa a "Domestic Terrorist Organization"?
Not much as a legal matter, as best I can tell. [See UPDATE.]
UCLA Poli Sci Department Condemns Lecturer for Reading MLK's Letter from Birmingham Jail, Showing Video About Lynching
UCLA says complaints -- about the fact that both the excerpt read from King's letter and the video included the word "nigger" -- have "been shared with UCLA’s Office of Equity, Diversity and Inclusion for review."
47 U.S.C. § 230 Preempts State Right of Publicity Claims
and other state (but not federal) intellectual property claims brought over platforms' hosting of third-party content.
University of Washington Urging "Accommodations," "Especially" for "Members of the Black Community," as to Assignments and Exams
"Accommodations might include extra time to finish assignments or providing a 'final examination optional' pathway, for example."
L.A. Politicians Planning Big Gift to Gun Industry, Private Security Companies
The likely unintentional result if the City of Los Angeles implements its plans to reduce the proposed police department budget (now $1.8B) by $100-150M.
"Statement on Campus Censorship During Nationwide Protests"
From the Foundation for Individual Rights in Education.
"When There's an Unarmed Person Coming at Them with a Knife or Something, You Shoot Them in the Leg"
Advice from Vice-President Biden.
California Congressman Ro Khanna Calls for "Fairness Doctrine for the Internet"
Also for the FCC to police supposed "blatant falsity."
Interesting Public Access Decision as to the R. Kelly / Drea Kelly Divorce Case
"The mere fact a person may suffer embarrassment or damage to his reputation as a result of allegations in a pleading does not justify sealing the court file."
Are People Allowed to Use Deadly Force to Defend Property?
It depends, whether as to looting or other threats to property.
"Leave the Community Alone," from the Sheriff of Polk County (Florida)
"The people of Polk County like guns, they have guns."
Libel Lawsuit Leads Court to Ban Even True Statements About Plaintiff's "Sex Offender Status"
Fortunately, the Michigan Court of Appeals has just reversed that injunction.
"An Employer [May] Legitimately Fire an Employee if It Honestly Believes That the Employee Falsified [Sexual Harassment] Allegations"
"Groundless complaints defame innocent coworkers, undermine trust in the workplace, and waste resources."
Supreme Court (by 5-4 Vote) Rejects Free Exercise Clause Objection to California Occupancy Cap for Churches
The cap (25% of capacity or at most 100 people) also generally applies to secular gatherings, but not to various commercial establishments.
Of Course "When the Looting Start, the Shooting Starts"
"Chang Lee gripped his fingers tighter around the gun and screamed at potential looters from the rooftop of the small strip mall where he stood."
Court Orders: Stop Tweeting About Your Ex-Friend's Criminal Conviction—Though Tweets Didn't Use the Man's Name
Fortunately, the Florida Court of Appeal reversed the order.
Platform Immunity and "Platform Blocking and Screening of Offensive Material"
"Good faith," "otherwise objectionable," and more.
If the Government Bans Viewpoint Discrimination by Social Media Platforms, That Would Also Protect Pro-Terrorist Content
Government action protecting speech must itself be viewpoint-neutral, I think -- and this makes it much less likely that such viewpoint discrimination requirements will indeed be adopted.
