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
Interesting Entrapment Case
"Using a bait-and-switch tactic, a detective posing as [eighteen-year-old] Amber chatted and flirted with DeMare online and via text message for four days as an adult before revealing on the fifth day that she was actually a minor."
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.
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.
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.
Garry Kasparov and Me, Talking About Free Speech …
... and, fortunately for me, not playing chess.
"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.
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.
"A Letter on Justice and Open Debate," with Many Prominent Liberal Signers
Posted at the Harper's Magazine site.
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.
S. Ct. Strikes Down Content-Based Exception from Robocall Ban,
keeps in place the rest of the law banning robocalls to cell phones.
Brandon Straka's #WalkAway Lawsuit Against LGBT Community Center Thrown Out
Straka loses on his discrimination, cyberbullying, defamation, and breach of contract claims.
"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.
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.
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.
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.
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.
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.
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."
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.
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]."
"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 ...."
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?
Twitter Wins Lawsuit Over "Devin Nunes' Cow" Twitter Feed
Rep. Devin Nunes can't hold Twitter liable for allegedly defamatory posts by Twitter user:
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."
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.
Peculiar Religious Discrimination
A charter school seeking contractors to provide art instruction can't exclude companies just because their web site has religious references.
"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."
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."
"Ambulance Chaser Is Too Good a Term for Him" Isn't Libelous (At Least in Yelp Review)
"Defendant's Yelp post about plaintiff is reasonably and best understood to be, simply, name-calling."
Most Government Action Rests on the Threat of "Serious Force"
What would happen, I wonder, if protesters decide to set up an autonomous zone in the Twitter parking lot?
