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.
Eugene Volokh
Latest from Eugene Volokh
Can Law Ban False Reporting About Coronavirus?
Probably, if it's limited to knowing falsehoods (or perhaps statements where the speaker knows they are probably false).
My Daughter / My Sister / My Daughter / My Sister
OK, the backstory isn't as grim as in Chinatown, but it's an interesting case.
Coronavirus Concerns (I Presume) Lead to Postponing of Fourth Circuit Oral Argument Next Week
Just happened this morning.
Quarterbacking a Card Game
Plus, away from the mixed metaphor: "As judges know, it costs almost nothing to begin a marriage .... The court system should seek ways to shrink the cost of ending a failed marriage."
Muslim Inmate Objects to Strip Search with Transgender Female-to-Male Guard Watching
The prison's actions satisfied the strict scrutiny test, a federal court just held, so the inmate loses.
Long Island Federal Court Coronavirus-Related Order
An interesting order today from Magistrate Judge James Orenstein.
Manhattan Federal Court Coronavirus-Related Restrictions
In light of this, should the presumptive First Amendment right of access to court cases require the court to provide video coverage of hearings?
An Algorithm for Predicting Recidivism Isn't a Product for Products Liability Purposes
"'[I]nformation, guidance, ideas, and recommendations' are not 'product[s]' under the Third Restatement, both as a definitional matter and because extending strict liability to the distribution of ideas would raise serious First Amendment concerns."
Would a Ban on Handshaking Be Constitutional?
Not that I'm suggesting it, but it's an interesting con law hypo.
Criminal Libel Conviction for Anti-Nixon Cartoon
An interesting 1969 case (based on a publication right after the 1968 election), reversed on appeal in 1974; thanks to Jacob Gershman (Wall St. J.) for letting me know about it.
You Don't Become a "State Actor" Just by Getting Government Funding or Benefits,
and you (whether you're Google or a private university or anyone else) don't become restricted by the Bill of Rights because you get such funding or benefits.
More on Steve Farzam, L.A. Businessman Accused of Using Forged Court Order …
to try to vanish online magazine article about him.
Brett Kimberlin (Speedway Bomber) Loses Attempt to Vacate Long-Past Convictions
Kimberlin is also known for having accused Dan Quayle of having bought marijuana from him, and has since become a frequent litigant, including against bloggers Patrick Frey (Patterico), Aaron Walker, and others.
"Once the Cat Is Out of the Bag, the Ball Game Is Over"
It's often very hard to get court filings retroactively sealed.
Interesting Official Privilege Case,
stemming from a dispute about picketing and open carry.
Sineneng-Smith and Outlawing Solicitation of Legal Conduct
How far does the "speech integral to criminal conduct" exception go?
YouTube Isn't Bound by the First Amendment
So the Ninth Circuit correctly (and unsurprisingly) holds in Prager University v. Google.
Profs. Dorf & Koppelman on Anti-BDS Laws
A couple of posts prompted by an error (since corrected) in an article that cited our brief.
Delaware Court Creates Expungement Remedy for Quickly Dismissed Protection-from-Abuse Orders
"[T]he parties argued as public figures employed in the areas of law and civil service, their livelihoods are tied to their reputation."
Connecticut Commission Opposes Repeal of "Racial Ridicule" Law
"At a time when hate and bias incidents are on the rise, it is crucial that the state not remove these types of prohibitions that deter or punish this unacceptable behavior."
Congressional Candidate Ordered Not to Repeat Charges That Her Opponent Abused His Wife
A clear constitutional violation.
Right to Removal of "Inaccurate, Irrelevant, Inadequate, or Excessive" Information About People …
proposed as a "Right to be Forgotten Act" in Iowa, apparently prompted in part by the Carson King controversy.
"Writer's Safe Faces Search Ahead of France Pedophilia Trial"
Am I the only one who parsed this the wrong way at first?
No Belated Sealing of "Central" Information in Professor's Race Discrimination Suit
The lawsuit had been filed against the University of Colorado; the Scheduling Order, which the professor had sought to seal, referred to allegations of improper conduct on the professor's part.
Are Laws Requiring Lawyers to Join (and Fund) State Bar Associations Unconstitutional?
In Janus, the Court rejected requirements that government employees pay dues to unions; now the question before the Court is whether this applies to mandatory bar membership (and bar dues).
"If Jesus Was a Jew, Why Does He Have a Puerto Rican First Name?"
A supposedly "offensive" quote from Michael Bloomberg -- but that just shows how easily some people are offended.
No Sealing + Harsh Words About Employer-Mandated Arbitration in Doordash Case
"The district court should not be a party to concealing this information from the public, especially as it concerns an arbitration organization that holds itself out to the public as impartial. These documents would be useful to the public in evaluating the true extent to which the organization is impartial."
"Judge Who Sealed Documents Relating to Her Home in Beach Community Gets Reversed by Appellate Court"
An update on that Connecticut unsealing case.
N.Y. Court Refuses to Order Yemeni Father to Return Children to U.S.
The children have lived in Yemen long enough that it is now their "home state" for N.Y. family law purposes.
@UnsealieCourt, a New Twitter Feed for News About Public Access to Court Records
(and perhaps to other government records).
The Coronavirus and the Constitution
From Louisiana State University law professor Ed Richards.
The Legislative Seems to Be Pushing Back the Power of the Executive in One Area
It's appellate and Supreme Court judicial appointments.
"Now That Democrats Have Failed in Their Attempt to Remove the President from Power,
it's worth asking why they haven't seriously considered the reverse: removing power from the president."
Last Monday: Second Circuit Fair Use Day (Drake + Sargon of Akkad)
Four Second Circuit judges gave fair use victories (separately) to rapper Drake and blogger Sargon of Akkad, concluding that defendants' uses of plaintiffs' work to comment on it and criticize it were fair use and thus not copyright infringement.
Alexander Hamilton's Influence on Free Press Law: Free Speech Rules (Episode 10)
Episode 10 of Free Speech Rules, a video series by UCLA law professor Eugene Volokh
