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
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.
My Argument for Preserving Employment Division v. Smith
I'd love to hear your thoughts about this draft brief.
"The Question Is Whether Delta [Airlines] Can Bring the Court a Dispute to Adjudicate in Secret"
"The answer to that question is clear."
Ninth Circuit Rejects Religious Freedom Challenge to California Closure, One Judge Dissents
A short majority opinion, and a long dissent.
Right of Access to Court Hearings During Epidemics
Court hearings may be physically closed to the public for health reasons, if the public can watch them via video.
$1M+ Award for Law Professor Libeled by Ex-Girlfriend's Rape Accusation
"The Court's belief in the veracity of Wright's testimony dwindled while the trial progressed, as evidence of her inconsistent and questionable conduct was revealed piece by piece.... She lied about her advanced degrees. She signed e-mails as Dr. Wright when she is not a doctor. Her testimony and medical records conflicted time and time again ...."
Requiring Creation of Computer Code Doesn't Violate the First Amendment
Seems right to me, at least as a general matter.
N.C. Trial Court Holds Preliminary Injunctions Against Alleged Libel Are Unconstitutional
But permanent injunctions after a full trial on the merits might be a different story.
