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
2019: Blade Runner Is Set. 2020: I Get CAPTCHA Demands When Doing Searches
Google thinks I'm a robot. What if it's right?
Lawsuit Against Fox News Claims Cable Television Is Unprotected by the First Amendment
This is the Washington state suit alleging that Fox News had distributed false information about coronavirus.
Court Suggests That Lockdown Exemptions for Religious Institutions Violate the Establishment Clause,
at least when they specifically target religious institutions, and not similar secular entities.
Stanford Prof. Michael McConnell on "Who Is a 'Minister'?"
Can the Supreme Court draw the line?
Court in Devin Nunes Libel Lawsuit: "The Tedious and Laborious Exercise …
of dissecting each of the sixteen bullet points illustrates the deficiency of plaintiffs’ complaint."
Frodo Baggins Appears in the U.S. Supreme Court,
in a hypothetical question posed by Justice Thomas.
State AG May Sue Governor in Federal Court over Constitutionality of Travel Restrictions
So held a federal district court in Kentucky, in an epidemic-related lawsuit.
In Today's Indian Law Supreme Court Case, the State of Oklahoma's Lawyer Is Himself Indian
Fun fact about McGirt v. Oklahoma, where Oklahoma is arguing against the claim that Indian tribes had maintained jurisdiction over large chunks of Oklahoma (including Tulsa).
Kentucky Governor's Order Violates Free Exercise Clause as to In-Person Worship Services
So the Sixth Circuit held today, because of the many exceptions the Kentucky order provides for secualr activities.
Court Strikes Down Injunction Banning Divorcing Parents from Disparaging Each Other
An important decision from the Massachusetts high court.
What's Sauce for the Anatoly is Sauce for the Meherunnisa
An interesting election law (and name law) case from New York.
Islamic Prenuptial Agreements (Mahrs) Are Enforceable by American Courts, Like Other Prenups
So a Maryland appellate court held last month, I think quite correctly (and consistently with the broad trend in other states):
Josh Duggar ("19 Kids and Counting") Lawsuit Thrown Out
Josh Duggar had sued over the government's releasing records of his juvenile investigation.
18-to-20-Year-Olds and the Second Amendment: Challenge to Florida Law Can Continue
So holds a federal district court.
"Clear, Compelling, Written Language Is Required to Waive" Free Speech Rights
An important First Amendment holding in a factually fascinating case, which involves an alleged breach of contract, a World War II Medal of Honor, a dispute over a history book, and a discussion of anti-libel injunctions.
The Demise of the Short-Lived Government Edits Doctrine
People interested in government, and in editing, would have surely found it interesting.
District Court in Ninth Circuit Issues Anti-Libel Injunction
But other courts in the Ninth Circuit have categorically said that such injunctions are unconstitutional—the law remains quite unclear.
Federal Courts Enforcing State Law Against State Governments
An interesting procedural question raised by the Sixth Circuit's decision on worship services closures and the Kentucky Religious Freedom Restoration Act.
Sixth Circuit Temporarily Blocks Kentucky Governor's Limit on Drive-In Church Services
The court concludes that it likely violates the Kentucky Religious Freedom Restoration Act and the Free Exercise Clause, chiefly because the Governor's order has many exceptions for various allowed services.
"Well, We Have Reviewed That Order, Too"
Not a great thing to see in an appellate opinion, if you claimed that reviewing a court order shows that you should win.
Accusing Someone of Inadvertent Patent Infringement Is Not Libelous
"Even the most dedicated patent lawyer would have difficulty mustering 'hatred' for a computer user who inadvertently violated a patent."
Woman Banned from "Making Any … Public Allegations Against" Ex, a Police Sergeant, "on Social Media"
We've filed a friend-of-the-court brief asking the Tennessee Supreme Court to review the case.
