Eugene Volokh

Libel

Libel Lawsuit Over Free Meek Documentary, Including Jay-Z, the Rolling Stone Company, and Amazon

The plaintiff is a former Philadelphia officer, who was charged with (and acquitted of) wrongly threatening people with a gun; she claims the documentary wrongly portrayed her as "dirty and dishonest."

Eugene Volokh |The Volokh Conspiracy | 1.8.2020 7:15 PM

Free Speech

Above The Law Post Not Libelous or "Unlawful Discrimination," Notwithstanding Its Supposed "Homophobic" Insults

The statements about former law student Jonathan Mullane were either fair report of court proceedings or constitutionally protected opinions (e.g., calling Mullane "'rude,' 'dumb,' 'unethical,' a 'little entitled ponce,' and a 'dauphin'").

Eugene Volokh |The Volokh Conspiracy | 1.8.2020 5:43 PM

Free Speech

Motion to Stop Me from Publishing Material …

that I had gotten from a court docket while it has not been sealed, but that the movant is seeking to seal.

Eugene Volokh |The Volokh Conspiracy | 1.8.2020 1:15 PM

Crime

Arizona First Amendment Challenge to Anti-BDS Law Dismissed on Procedural Grounds

A change to state law keeps it from applying to the plaintiff, which makes the request for injunctive and declaratory relief moot.

Eugene Volokh |The Volokh Conspiracy | 1.7.2020 5:22 PM

Crime

Avoid Super-Embarrassing Redaction Failures

A Public Service Announcement, especially for the lawyers among our readers.

Eugene Volokh |The Volokh Conspiracy | 1.7.2020 1:02 PM

Free Speech

Sex Offender Tries to Change Name to "Better Off Dead"

No, says the trial court, and the Minnesota Court of Appeals agrees.

Eugene Volokh |The Volokh Conspiracy | 1.7.2020 8:47 AM

Free Speech

Attempt to Vanish Post Critical of Attempt to Vanish Posts Critical of the Sandy Hook Hoax Libel Judgment

Lenny Pozner has tried to get Amazon Web Services to remove a post of mine.

Eugene Volokh |The Volokh Conspiracy | 1.6.2020 6:58 PM

School Choice

Espinoza School Choice Case and Discrimination Against Religion

A response to a query of mine, from David Hodges of the Institute for Justice (who are plaintiff's lawyers).

Eugene Volokh |The Volokh Conspiracy | 1.6.2020 8:03 AM

Religion

The Likely Outcome of the Methodist Schism

An interesting analysis from Prof. Mark Movsesian (St. John's).

Eugene Volokh |The Volokh Conspiracy | 1.5.2020 8:36 AM

Religion

Civil Court Can't Order Wife to Accept an Orthodox Jewish Husband's "Get" (Divorce Document)

"It would be a violation of the First Amendment of the United States Constitution for the Court to order the Wife to participate in a religious ritual when she did not agree to do so nor may the Court impose a financial penalty against her."

Eugene Volokh |The Volokh Conspiracy | 1.4.2020 12:59 PM

Volokh Conspiracy

High School Drama Club Drama

Like Glee, only in federal court?

Eugene Volokh |The Volokh Conspiracy | 1.3.2020 8:04 AM

Volokh Conspiracy

Executive Order on Anti-Semitism Could Suppress First-Amendment-Protected Criticism of Israel

Eugene Volokh |The Volokh Conspiracy | 1.2.2020 2:55 PM

Volokh Conspiracy

Washington Court Strikes Down Ban on "Intimidating a Public Servant,"

to the extent that the law criminalized attempts to influence a public servant by threatening harm to "business, financial condition, or personal relationships."

Eugene Volokh |The Volokh Conspiracy | 1.2.2020 8:02 AM

Volokh Conspiracy

"Essentially, [the City] Defendants Request That the Court Resolve This Case Entirely in Secret"

No dice, says the District Court.

Eugene Volokh |The Volokh Conspiracy | 12.31.2019 5:05 PM

Volokh Conspiracy

Weapon Name Puzzle

Eugene Volokh |The Volokh Conspiracy | 12.31.2019 3:35 PM

Volokh Conspiracy

"Meanest Pun of the Year,"

according to Prof. Mark Liberman (Language Log):

Eugene Volokh |The Volokh Conspiracy | 12.30.2019 2:00 PM

Volokh Conspiracy

Retired Law Professor Sues Lawyer-Commenters on Law Blog

A company had a trademark canceled in a Trademark Trial & Appeal Board proceeding, based on what the Board described as the company's "delaying tactics, including the willful disregard of Board orders." The TTABlog posted about it, and some commenters criticized the company's lawyer, Ohio State Prof. Charles L. (Lee) Thomason—so he is suing them for libel.

Eugene Volokh |The Volokh Conspiracy | 12.30.2019 8:02 AM

Volokh Conspiracy

"The University of York Apologises for Saying 'Negro' in Lecture on Civil Rights Hero's Book Called the Philadelphia Negro"

So reports the Daily Mail (U.K.).

Eugene Volokh |The Volokh Conspiracy | 12.27.2019 2:20 PM

Volokh Conspiracy

Requiring Psychotherapists to Report Patients' Child Porn Use May Violate Constitutional Right to Privacy

So concludes the California Supreme Court (by a 4-3 vote), applying the California Constitution; it remands for further fact-finding on the law's practical costs and benefits.

Eugene Volokh |The Volokh Conspiracy | 12.26.2019 4:50 PM

Volokh Conspiracy

Highly Recommended: Trader Joe's Nantucket Style Cranberry Pie

Eugene Volokh |The Volokh Conspiracy | 12.26.2019 1:22 PM

Volokh Conspiracy

Arizona Court Reverses Expulsion of ASU Student for Threesome with Allegedly Too-Drunk Classmate

"Other statements by Complainant ... along with undisputed other evidence, entirely disprove her bare assertions that she was incapacitated."

Eugene Volokh |The Volokh Conspiracy | 12.26.2019 12:30 PM

Volokh Conspiracy

First Amendment Doesn't Protect a Right to Smoke

Just in case you had any doubts about that.

Eugene Volokh |The Volokh Conspiracy | 12.21.2019 8:10 AM

Volokh Conspiracy

No "Possess[ing]" "Copyrighted Material" When on Supervised Release

Now that's being tough on crime.

Eugene Volokh |The Volokh Conspiracy | 12.20.2019 4:21 PM

Volokh Conspiracy

Kindergarten Bars Boys from Wearing Ear Studs, Parents Sue for Sex Discrimination

The school policy allows girls to wear small earrings, but doesn't allow them for boys.

Eugene Volokh |The Volokh Conspiracy | 12.20.2019 11:11 AM

Volokh Conspiracy

When Does the First Amendment Preempt Negligence Liability?

More on Doe v. Mckesson, the Baton Rouge Black Lives Matter case.

Eugene Volokh |The Volokh Conspiracy | 12.20.2019 8:01 AM

Volokh Conspiracy

Negligence Claims Brought Against Protest Organizers: More on the Tort Law Side of Doe v. Mckesson,

the Baton Rouge Black Lives Matter case (in which Judge Don Willett has just switched to dissenting, and in which a cert. petition has been filed with the U.S. Supreme Court).

Eugene Volokh |The Volokh Conspiracy | 12.19.2019 11:29 AM

Volokh Conspiracy

The Weird Litigation Posture of the Doe v. Mckesson / Baton Rouge Black Lives Matter Protest Case

The case, in which Judge Don Willett has just switched to dissenting, should be an easy win for DeRay Mckesson—but on a theory that hadn't been asserted in court.

Eugene Volokh |The Volokh Conspiracy | 12.19.2019 8:01 AM

Volokh Conspiracy

Forged Court Order Used to Try to Vanish Online Magazine Article About L.A. Businessman

"Steve Farzam, chief operating officer of the Shore Hotel [in Santa Monica], ... [has] been charged with counterfeiting a Los Angeles County Superior Court seal."

Eugene Volokh |The Volokh Conspiracy | 12.18.2019 1:33 PM

Volokh Conspiracy

Retroactive Continuity (Retcon) in the Law

The first reference to the term "retcon" in a Westlaw-accessible court opinion.

Eugene Volokh |The Volokh Conspiracy | 12.15.2019 4:03 PM

Crime

Father Sues His 8- and 10-Year-Old Daughters for Slander

Be good, boys and girls, or we'll sue you, too.

Eugene Volokh |The Volokh Conspiracy | 12.12.2019 9:03 AM

Crime

Exploring Alleged Lawyer Falsehoods in Mediation Proceedings

"The public—including other litigants—and other judges who may come into contact with [Richard] Liebowitz, a frequent litigant in this District, have an interest in the Court's determination of the veracity of these representations."

Eugene Volokh |The Volokh Conspiracy | 12.12.2019 8:07 AM

Free Speech

More on Seattle Public Library "Considering" Whether to Cancel Meeting of Trans-Skeptical Feminist Group

The ACLU of Washington speaks out.

Eugene Volokh |The Volokh Conspiracy | 12.11.2019 3:04 PM

Crime

"Social Media Influencer Sentenced to 14 Years … After Plotting to Hijack Internet Domain

And this isn't "hijacking" in some virtual sense. (Computer crime—you're doing it wrong.)

Eugene Volokh |The Volokh Conspiracy | 12.11.2019 2:44 PM

Crime

"Anti-Semitic Propensities" by Race, According to the Anti-Defamation League

Eugene Volokh |The Volokh Conspiracy | 12.11.2019 1:09 PM

Crime

Truman State University Rejects Animal Rights Club

Eugene Volokh |The Volokh Conspiracy | 12.10.2019 1:34 PM

Free Speech

Seattle Public Library "Considering" Whether to Cancel Meeting of Trans-Skeptical Feminist Group

But any such cancellation would violate the First Amendment, because it would involve viewpoint discrimination in a place opened by the government to private speech.

Eugene Volokh |The Volokh Conspiracy | 12.10.2019 11:57 AM

Due Process

"The Court Granted All of the Relief Requested … Without … Knowing if the Respondent Even Had Notice of the Proceedings"

An interesting due process case from a tribal court.

Eugene Volokh |The Volokh Conspiracy | 12.10.2019 11:35 AM

Free Speech

District Court on Sealing Settlement Awards

Eugene Volokh |The Volokh Conspiracy | 12.9.2019 4:07 PM

Crime

Death Treat

Alas, not "Death by Chocolate."

Eugene Volokh |The Volokh Conspiracy | 12.7.2019 6:21 PM

Free Speech

Interesting Sealing Decision in Divorce-Related Case of a Powerful Washington Public Affairs Consultant

The ex-wife had withdrawn her complaint before the court took any substantive action, under circumstances that cast doubt on its accuracy; because of that, a Virginia court agreed that it should be sealed.

Eugene Volokh |The Volokh Conspiracy | 12.7.2019 8:20 AM

Crime

Crowd-Checking Forthcoming Amicus Brief on the Solicitation Exception in U.S. v. Sineneng-Smith

I need to send this brief to the printer tomorrow, but I'd love to have any feedback today on how it can be improved or corrected.

Eugene Volokh |The Volokh Conspiracy | 12.5.2019 1:34 PM

Crime

Criminal Defendant Must Write and Post Essay on Respect for Judiciary, and Delete Any Negative Comments Posted on that Essay

as a condition of having his criminal contempt sentence suspended. OK, says a North Carolina Court of Appeals opinion, though one judge dissents.

Eugene Volokh |The Volokh Conspiracy | 12.4.2019 8:01 AM

Crime

"Broke Ass Phone" Wins Right to Have Commercial Sign With Its Name

"Postpositive," not posterior.

Eugene Volokh |The Volokh Conspiracy | 12.3.2019 5:34 PM

Crime

"Giving Tuesday"

Eugene Volokh |The Volokh Conspiracy | 12.3.2019 3:53 PM

Crime

Which States Have the Highest and Lowest Percentage of Catholics?

Eugene Volokh |The Volokh Conspiracy | 12.2.2019 8:50 PM

Crime

"A Breach of the EU Directive Against Egregious Cliché Embodiment"

(The quote is from October Man, a splendid fantasy novella by Ben Aaronovitch, but it seemed so appropriate here.)

Eugene Volokh |The Volokh Conspiracy | 12.2.2019 3:05 PM

Free Speech

Can Indian Tribes Sue for Libel?

American government agencies (federal, state, and local) can't sue for libel, the Supreme Court has held; but what about foreign countries, or Indian tribes?

Eugene Volokh |The Volokh Conspiracy | 12.2.2019 8:01 AM

Crime

Hate Crime Motivation Enhancement in Illegal Gun Possession Case?

An interesting federal government argument, in a case pending in D.C. (U.S. v. Calloway).

Eugene Volokh |The Volokh Conspiracy | 11.26.2019 8:03 AM