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
Openness and Privacy in Court Cases Dealing with Litigants' Medical Information
"[A] uniform practice of social security opinions bearing only claimants' initials" might be a good idea in principle, says the Seventh Circuit, but "[g]iven everything that has transpired over the years, we cannot revisit the application of [the] standard practices regarding the publication of judicial decisions and orders in social security matters."
Limiting Weddings at Restaurants, While Allowing Ordinary Dining at Restaurants, Violates Equal Protection
"the activities that will be engaged in during a wedding will be much the same as those engaged in while dining at a restaurant, including having groups of individuals of no more than ten in number at tables seated for dining."
Charges Dismissed in Prosecution for Re-Tweeting Request to Identify Police Officer
This is the Georgana Sziszak case I blogged about yesterday.
Alleged Rapist's Wife Gets Anti-Stalking Order Against Husband of Alleged Victim
The Vermont Supreme Court reversed the order (which had required defendant to stay 300 feet away from the plaintiff).
"The Most Gullible Man in Cambridge" Story Gets Even Stranger
The legally strange dimension: A claim that the magazine article author sexually harassed the subject of her article, apparently by "seek[ing] inappropriate personal and romantic intimacy with Plaintiff."
Sargon of Akkad Wins Attorney Fees in We Thought She Would Win/SJW Levels of Awareness Copyright Lawsuit
"[T]he Court has little difficulty concluding that Hughes's dual goals in bringing her baseless suit were to inflict financial harm on Benjamin and to raise her own profile in the process."
"Made in Hollywood, Censored by Beijing"
A new report from the writer's group PEN America.
More Policing, Same Amount of Policing, or Less Policing?
A new poll reports on attitudes on this subject, broken down by race.
Med School Professor Removed from Fellowship Director Post, Apparently for Publishing Anti-Affirmative-Action Journal Article
This happened at University of Pittsburgh, a public university.
Judge Throws Out Devin Nunes' Libel Lawsuit Against Ryan Lizza
The suit was based on an Esquire article about an Iowa farm run by members of Congressman Nunes' family.
Ex-Wife Prosecuted for Violating Order That She "Shall Not Post Anything" About Ex-Husband
But the judge threw out the prosecution, on the ground that the order violated the First Amendment.
Lex Loci Delicti, not Praetor Peregrinus
Or, Virginia is for lovers, not libel tourists.
Can't Seal Court Files Just to Keep Them from One's Current Employer
or from one's house of worship or from the nursing board.
Gun Stores Have Standing to Raise Their Customers' Second Amendment Rights
in challenge to Maryland's handgun license requirement.
Ninth Circuit Affirms Dismissal of Stormy Daniels' Libel Lawsuit Against President Trump
Trump's Tweet ("A sketch years later about a nonexistent man. A total con job, playing the Fake News Media for Fools (but they know it)!") was opinion, and thus not actionable.
Thursday Open Thread
Last week's open thread seemed fun and interesting (and drew >250 comments), so I thought I'd do it again.
Do Plaintiffs from Conservative Cultural/Religious Groups (e.g., Muslims) Have More Right to Proceed Pseudonymously in Sex Assault Lawsuits?
That's what an Eleventh Circuit opinion seems to suggest, in a case where a Trinidadian Muslim plaintiff said she "come[s] from a strict Muslim household where under [their] cultural beliefs and traditions such a sexual assault would have the tendency to bring shame and humiliation upon [her] family."
California Man's Gun Seized, Apparently Because He Was a Racist Group Leader
Could such "gun violence restraining orders" likewise be used against people who talk about violence and a "pig problem" or "fascist problem" as opposed to "n■■■, k■■■, and h■■■ problem" (expurgation in news video)?
Should Elected Prosecutor Be Disqualified for Highlighting Pending Criminal Case in Election Fundraising?
That's what a motion in the St. Louis Mark & Patricia McCloskey case argues.
Release Condition: "Defendant May Not Attend any Other Protests … or Public Gatherings in … Oregon"
Some people arrested in Portland for misdemeanor failure to obey a lawful order have had these conditions imposed as a condition of being released before trial. But the law related to such conditions is surprisingly complex.
It's Just Like Saying the N***** Word
The flag of those who supported the dissolution of the Union.
Kansas Knife Statute Held Unconstitutionally Vague
The law banned convicted felons from possessing "a dagger, dirk, switchblade, stiletto, straight-edged razor or any other dangerous or deadly cutting instrument of like character"—"It is the very overbreadth of such laws that renders them impermissibly vague."
E-Mails to Sen. McConnell Found Not to Be Criminally Threatening
"Weiss's comments were also steeped in 'rage and frustration,' and they were indisputably violent. Nonetheless, read in context, the statements predicted that other people would hurt Senator McConnell, not that Weiss would."
