Eugene Volokh, Author at Reason.com

Volokh Conspiracy

Oregon Law Punishes People for Calling the Police, If a Court Finds They Had a Bad Motive --

even if there's nothing at all false in the call.

Eugene Volokh |The Volokh Conspiracy | 7.13.2020 9:02 AM

Volokh Conspiracy

Judge Allows Professors' Libel Case Against Ex-Students to Go Forward

The ex-students had accused the professors (at the City University of New York) of sexual assault and other misconduct.

Eugene Volokh |The Volokh Conspiracy | 7.13.2020 8:03 AM

Volokh Conspiracy

Congratulations to Sam Bray,

Eugene Volokh |The Volokh Conspiracy | 7.10.2020 9:03 AM

Volokh Conspiracy

Professor Put on Administrative Leave for Accurately Quoting Leading Campus Speech Code Case

The professor, the 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.

Eugene Volokh |The Volokh Conspiracy | 7.10.2020 7:53 AM

Volokh Conspiracy

"Black [Palmdale,] California Man Found Hanging From a Tree Died of Suicide, Officials Say"

Eugene Volokh |The Volokh Conspiracy | 7.9.2020 9:19 PM

Volokh Conspiracy

Garry Kasparov and Me, Talking About Free Speech …

... and, fortunately for me, not playing chess.

Eugene Volokh |The Volokh Conspiracy | 7.9.2020 8:13 PM

Volokh Conspiracy

"TCPA Class Certification Denial Exposes Major Spousal Scheme" Is a Statement of Opinion,

holds the Second Circuit in a case rejecting a libel lawsuit over a blog post headline.

Eugene Volokh |The Volokh Conspiracy | 7.9.2020 6:50 PM

Volokh Conspiracy

FIRE Letter About the UCLA Letter from Birmingham Jail Controversy

Eugene Volokh |The Volokh Conspiracy | 7.9.2020 4:09 PM

Volokh Conspiracy

Restrictions on Personalized License Plates "Offensive to Good Taste and Decency" Likely Unconstitutional

A federal court in California has allowed a First Amendment challenge to go forward, and the reasoning suggests that the plaintiff will eventually win.

Eugene Volokh |The Volokh Conspiracy | 7.8.2020 9:18 PM

Volokh Conspiracy

400 Princeton Faculty Demand Committee for "Investigation and Discipline of Racist … Research and Publication"

Eugene Volokh |The Volokh Conspiracy | 7.8.2020 9:01 PM

Volokh Conspiracy

"A Letter on Justice and Open Debate," with Many Prominent Liberal Signers

Posted at the Harper's Magazine site.

Eugene Volokh |The Volokh Conspiracy | 7.7.2020 11:24 AM

Volokh Conspiracy

Federal Court Rejects Jewish Overnight Children's Camps Challenge to Closure Orders

The state of New York, the court concludes, hasn't impermissibly discriminated against such camps.

Eugene Volokh |The Volokh Conspiracy | 7.6.2020 7:16 PM

Volokh Conspiracy

Congratulations to Our Own Mark Movsesian and Keith Whittington, on Being Cited by Today's S. Ct. Decisions

Eugene Volokh |The Volokh Conspiracy | 7.6.2020 3:47 PM

Volokh Conspiracy

S. Ct. Strikes Down Content-Based Exception from Robocall Ban,

keeps in place the rest of the law banning robocalls to cell phones.

Eugene Volokh |The Volokh Conspiracy | 7.6.2020 2:27 PM

Crime

Colorado Court Elaborates the "Reasonable Exercise" Test Under the Colorado Constitution's Right to Keep and Bear Arms

Eugene Volokh |The Volokh Conspiracy | 7.3.2020 5:00 PM

Free Speech

Brandon Straka's #WalkAway Lawsuit Against LGBT Community Center Thrown Out

Straka loses on his discrimination, cyberbullying, defamation, and breach of contract claims.

Eugene Volokh |The Volokh Conspiracy | 7.3.2020 2:43 PM

Campus Free Speech

"University of Massachusetts Nursing Dean Fired After Saying 'Everyone's Life Matters'"

Eugene Volokh |The Volokh Conspiracy | 7.2.2020 7:06 PM

Libel

"Shitty Media Men" List Libel Lawsuit Can Go Forward

Plaintiff had sufficiently alleged that the defendant didn't just create the list as a platform for others, but herself posted material about him -- though whether plaintiff ultimately prevails will depend on what discovery reveals.

Eugene Volokh |The Volokh Conspiracy | 7.2.2020 4:48 PM

Crime

Somerville (Mass.) Allows Multi-Member Domestic Partnerships

Partners (who needn't be romantically involved with each other) can benefit from each other's health insurance—but siblings living together can't.

Eugene Volokh |The Volokh Conspiracy | 7.2.2020 2:12 PM

Free Speech

Mary Trump Temporarily Enjoined from Publishing Memoir—But Injunction Lifted as to Her Publisher

"While Ms. Trump unquestionably possesses the same First Amendment expressive rights belonging to all Americans, she also possesses the right to enter into contracts, including the right to contract away her First Amendment rights." One precedent supporting that proposition: Another Trump v. Trump, a 1992 case involving Ivana Trump and Donald Trump.

Eugene Volokh |The Volokh Conspiracy | 7.2.2020 11:02 AM

Free Speech

Cities Can Accept Some Monuments for Parks -- or Messages Painted on Streets -- Without Having to Accept Others

Washington, D.C.'s writing "Black Lives Matter" on a street and letting others paint "Defund the Police" next to it doesn't require D.C. to let others paint messages on other streets.

Eugene Volokh |The Volokh Conspiracy | 7.2.2020 10:47 AM

Crime

"Rockland County [N.Y.] Issues Subpoenas, Fines to Contain Coronavirus Cluster"

Eugene Volokh |The Volokh Conspiracy | 7.1.2020 8:41 PM

Free Speech

Out-of-School K-12 Student Speech Can't Be Punished Even If It Causes "Disruption" at School

So says a Third Circuit panel, though other circuits disagree.

Eugene Volokh |The Volokh Conspiracy | 7.1.2020 8:31 PM

Free Speech

And Another N.Y. Bill Targeted at "Hate Speech" (and Advocacy of Boycotts of Friendly Countries)

This one focuses on student groups that get funding from public colleges, but it's an unconstitutional viewpoint-based restriction.

Eugene Volokh |The Volokh Conspiracy | 7.1.2020 7:38 PM

Free Speech

N.Y. State Bill to Ban "Hate Speech" from Social Media

"Hate speech" would be defined as an intentional "insulting statement about a group of persons because of race, ethnicity, nationality, religion or beliefs, sexual orientation, gender identity or physical, mental or intellectual disability."

Eugene Volokh |The Volokh Conspiracy | 7.1.2020 8:02 AM

Free Speech

UCLA Academic Freedom Committee Statement Related to the Gordon Klein Controversy

Eugene Volokh |The Volokh Conspiracy | 6.30.2020 6:44 PM

Crime

Defendant "Not Likely to Emerge From … His [5-Year] Sentence … with a Thoughtful and Pacific Approach to His Fellow Man"

A new three-strikes sentencing opinion from a California court.

Eugene Volokh |The Volokh Conspiracy | 6.30.2020 11:54 AM

Guns

When Can You Threaten Deadly Force as a Defensive Tactic?

Eugene Volokh |The Volokh Conspiracy | 6.29.2020 7:34 PM

Crime

Communications With Reputation Repair Firm Aren't Privileged

Eugene Volokh |The Volokh Conspiracy | 6.29.2020 5:53 PM

Due Process

Expelled Student's Sex Discrimination Claim Against Oberlin College Can Go Forward

"[The Oberlin] panel's decision was arguably inexplicable. Per the terms of Oberlin's Policy, intoxication does not negate consent—only 'incapacitation' does.... And the record here provided no apparent basis for a finding that Roe [was incapacitated]."

Eugene Volokh |The Volokh Conspiracy | 6.29.2020 2:50 PM

Free Speech

"These Days … It Is Safest to Be Circumspect and Cautious"

"To survive as a ... professor requires constant self-censorship and compromise, especially in the humanities .... Resistance comes at a cost .... [H]er colleague ..., a law professor, was interrogated and suspended from teaching after publishing a series of essays critical of ...."

Eugene Volokh |The Volokh Conspiracy | 6.28.2020 1:04 PM

Guns

The Second Amendment Doesn't Protect Cell Phones

Surprising, but true!

Eugene Volokh |The Volokh Conspiracy | 6.28.2020 8:03 AM

Crime

Journal of Appellate Practice & Process Now at University of Arizona

Eugene Volokh |The Volokh Conspiracy | 6.28.2020 2:03 AM

Self-Defense

Self-Defense When You're Violating the Law

You generally can't claim self-defense if you're a robber "defending" yourself against your victim's own self-defense—but do you also lose your self-defense rights if your only crime is illegally carrying a handgun?

Eugene Volokh |The Volokh Conspiracy | 6.27.2020 6:27 PM

Free Speech

Twitter Wins Lawsuit Over "Devin Nunes' Cow" Twitter Feed

Rep. Devin Nunes can't hold Twitter liable for allegedly defamatory posts by Twitter user:

Eugene Volokh |The Volokh Conspiracy | 6.26.2020 6:02 PM

Religion

N.Y. Officials' Endorsement of Anti-Racism Protests Leads to Successful Religious Freedom Challenge to Gathering Ban

"The City's argument that temporary selective enforcement of the challenged laws with respect to mass race protests is a matter of public safety ... would perhaps be legitimate but for Mayor de Blasio's simultaneous pro-protest/anti-religious gathering messages, which clearly undermine the legitimacy of the proffered reason for what seems to be a clear exemption, no matter the reason."

Eugene Volokh |The Volokh Conspiracy | 6.26.2020 11:07 AM

Crime

More Massive Sanctions on Richard Liebowitz, "Copyright Troll" and "Legal Lamprey"

"One of the most frequently sanctioned lawyers, if not the most frequently sanctioned lawyer," in the Southern District of New York.

Eugene Volokh |The Volokh Conspiracy | 6.26.2020 10:34 AM

Religion

Peculiar Religious Discrimination

A charter school seeking contractors to provide art instruction can't exclude companies just because their web site has religious references.

Eugene Volokh |The Volokh Conspiracy | 6.25.2020 8:02 AM

Free Speech

"Resolution of Judicial Misconduct Complaints About District Judge Lynn Adelman"

Judge Adelman's article sharply criticizing the Supreme Court, the Seventh Circuit concluded, was largely permissible under the Canons of Judicial Conduct, except "the opening two sentences of the article and the criticisms of recent policy positions taken by one political party."

Eugene Volokh |The Volokh Conspiracy | 6.24.2020 10:01 PM

Free Speech

Robby Soave on the New York Times / Slate Star Codex Controversy

Eugene Volokh |The Volokh Conspiracy | 6.24.2020 6:11 PM

Libel

Misdemeanor Public Defender's Defamation Claim Against ACLU Can Go Forward

Eugene Volokh |The Volokh Conspiracy | 6.24.2020 5:55 PM

Free Speech

Florida Judges Split on Injunction Against Critic of State Senator

"Publicly expressing anger toward an elected official is not a basis for entry of an injunction. In public debate, elected officials must tolerate insulting remarks—even angry, outrageous speech—to provide breathing room for the First Amendment."

Eugene Volokh |The Volokh Conspiracy | 6.24.2020 5:28 PM

Free Speech