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
Virginia Court: Governor Lacks Power to Close Gun Ranges
The court was applying a specific Virginia statute that limited the Governor's emergency powers as to guns.
Fifth Circuit Anti-BDS Lawsuit Dismissed as Moot
The Eighth Circuit lawsuit remains pending.
Federalist Society Executive Branch Review Week
A part-video / part-telephone conference happening this week -- watch or listen to them live or recorded, as you like.
Child Custody Determinations Can't "Discount the Role" of Working Parent in Favor of Stay-at-Home Parent
So concluded the Michigan Court of Appeals.
Sixth Circuit Preserves (But Narrows) Injunction Blocking Tennessee Governor's Order Suspending Abortions
Like many such orders, the Governor's order suspended until April 30 all "surgical and invasive procedures that are elective and non-urgent," which included abortions.
Judge "Begin[s] a Gender Discrimination Trial with a Presentation Highlighting the Great Achievements" of "Our Nation's Civil Rights Leaders"
Reversible error, concludes a California appellate panel.
Fantasy Sports Bets Aren't Forbidden Gambling, Says Illinois High Court
"Head-to-head [Daily Fantasy Sports] contests are predominately determined by the skill of the participants in using their knowledge of statistics and the relevant sport to select a fantasy team that will outperform the opponent."
"Car Parades, Cruises, and Joyriding" "Are NOT Prohibited," at Least in Osage County, Kansas
And they would, I think, be peaceable assembly protected by the First Amendment, even in a time of epidemic.
Eighth Circuit Reinstates Arkansas Rule Delaying "Non-Medically-Necessary" Procedures, Including Most Abortions
But the ban might still be blocked as to women who are far enough along in their pregnancies that delaying an abortion would make it illegal.
Teenager Threatened with Arrest for Posting About Being Sick with Covid-19
She thinks she was -- but the police thought she wasn't (based on a negative test).
Attempt to Vanish (Cubed) Post Critical of the Sandy Hook Hoax Libel Judgment
"Anything you can do, I can do meta."
Students Don't "Shed Their … Freedom of Speech … at the Schoolhouse Gate" …
... they apparently shed it well before the schoolhouse gate.
"I Suppose You Legally Have a Right Not to Give Your ID [to Police],"
"but then you probably are making a judgment call that you need to let a judge make"—reasoning from a New Mexico trial court judge, recently reversed by an appellate court.
D.C. High Court Strikes Down Order Temporarily Blocking Facebook from Disclosing Existence of Subpoena
The subpoena had been issued on behalf of a criminal defendant, who wants to buttress his self-defense argument by getting a copy of an expired Instagram Story that had been sent to him by the alleged victim.
Five Years in Prison for Posting Facebook Videos Accusing Pastor of Sexual Misconduct
The Mississippi Court of Appeals just overturned the conviction, and struck down the underlying statute, which banned posting messages "whether truthful or untruthful" "for the purpose of causing injury to any person."
Woman Mocked for Being Sexually Attracted to a Chandelier Loses Claim
before UK independent press standards tribunal.
California Appellate Court Rejects Sealing of Alleged Libel
The common law, the First Amendment, and California court rules provide a broad right of access to court documents.
12-Year-Old "Politically Vocal Boy" Loses Libel Claim Against Newsweek
The Newsweek article, among other things, quoted a professor who said two young public supporters of Trump "'camouflage' positions of the hard right 'as feel-good sweetness and light, when, in fact, they are defending raw racism and sexual abuse.'"
Penn. S. Ct. Rejects Free Speech Challenge to Shutdown
See below for posts about other parts of this interesting and important opinion.
Not an Equal Protection Violation to Shut Down Political Campaign Headquarters but Not Legislative Offices
More from the Pennsylvania Supreme Court decision, which I've been blogging in parts.
Penn. S. Ct. Rejects Takings Challenge to Governor's Shutdown Order
Alternative title: It's Always Locked Down in Philadelphia.
UCLA Law Dean Apologizes for My Having Accurately Quoted the Word "Nigger" in Discussing a Case
I, however, do not apologize.
Father Can't Be Ordered "to Comply With the Cultural Norms of Hasidic Judaism" During His Visitation Time with Children
So holds a New York appellate court.
Some Backstory on the Louisville Free Exercise Clause / Drive-in Church Services Case
Did Louisville actually purport to ban drive-in church services, or was it just asking people to voluntarily refrain? And what notice did the City have about the temporary restraining order request?
Belgium's Coronavirus Death Rate Surpasses Italy's
In the meantime, neighboring Netherlands, which a few weeks ago had a similar rate to Belgium's, now has half of Belgium's.
Should Congress Preempt Coronavirus Liability for Businesses That Reopen?
Even after the shutdown orders are lifted, businesses may fear liability if they reopen and someone supposedly gets sick as a result—when Congress concludes reopening is safe, should it block such liability?
Litigant Can't Seal Case to "Improve Her Chances of Employment"
A federal magistrate holds that the right of access to court records precludes such sealing.
