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
"To [Death] They Would Go Alone, Yet With All Mankind for Company"
A nice line for Justice Robert Jackson's "The Faith of My Fathers," an unfinished essay of his that has just been published.
Journalists Might Be Felons for Publishing Leaked Governmental "Predecisional Information"
That's the logical implication of a recent Second Circuit panel decision (though one involving a non-journalist).
First Amendment Challenge to Restrictions on Use of Falcons in Videos and Commercials
A federal court has allowed the case to go forward, and is considering whether to preliminarily enjoin the restrictions.
Federal Judge Concludes UConn Sexual Assault Hearing Likely Violated Due Process,
orders university to temporarily reinstate accused student for Spring semester.
More on Copyright Lawyer Richard Liebowitz
The latest district court order dealing with questions surrounding one of Mr. Liebowitz's cases.
Scientology and Arbitration
Prof. Michael Helfand (Pepperdine), a leading expert on religious arbitration, passes this along.
Ninth Circuit Affirms Anti-Libel Injunction, Rejects Overbroad Portion
The opinion, though, is not binding precedent, so the question whether anti-libel injunctions are unconstitutional prior restraints remains not fully settled.
MLK Day + Virginia Gun Rights Rally =
a good reason to repost Prof. Nicholas Johnson's guest-post on 2014, based on his book Negroes and the Gun.
"Fraudulent Lawsuits and Illegal Hacks to Silence Online Consumer Complaints"
A new story from Fox 11 (L.A.).
Judge Temporarily Blocks Potential Eviction of UConn Students in the "Racial Ridicule" Case
"On the record before the Court, the movants have demonstrated 'sufficiently serious questions going to the merits to make them a fair ground for litigation.'"
Inclusion in Texas Gang Membership Database Limits Gun Rights, Might Violate Due Process
An interesting federal court opinion.
First Amendment Argument in the UConn "Racial Ridicule" Case
This is the case where two students were shouting "nigger" loudly when walking by UConn dorms; the students are trying to block university discipline based on their speech, including their eviction from student housing.
Students Sue UConn in "Racial Ridicule" Case
The students say their threatened punishment, for walking near student housing shouting "nigger" (at no-one in particular), violates both the First Amendment and a 1990 consent decree.
Court Rejects Motion to Seal Litigation Finance Agreements
"The public may well have an interest in how litigation is funded by third parties," the judge concludes. A law firm and two litigation finance companies are disputing (among other things) whether the litigation finance agreements are illegally usurious.
The First Amendment and Privacy: Free Speech Rules (Episode 9)
Episode 9 of Free Speech Rules, a video series by UCLA Law Professor Eugene Volokh
No Sealing of Photos and Plans of $20M, 29,000 Sq. Ft. House (with 55,000 Sq. Ft. of Improvements)
So a New Jersey tax court held last week, in a case brought by prominent bank founder Vernon W. Hill.
Babson College Adjunct Professor & Administrator Fired for Facebook Post
Asheen Phansey's was responding to President Trump's threat to bomb Iranian cultural sites.
Virginia Legislator Joe Morrissey Gets Called "Fool," Sues, Arguing He's Not a Fool
There's also more to the case, which was brought over statements made on a local TV broadcast while Morrissey was unsuccessfully running for Richmond Mayor. (He is now a state senator, elected in November.)
Connecticut Racial Ridicule Prosecution: One Student Agrees to Probation, the Other's Case Is Still Pending
This is the case in which two students were walking near UConn student housing, loudly shouting "nigger" (apparently after having decided that loudly shouting "penis" wasn't good enough).
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."
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'").
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.
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.
Avoid Super-Embarrassing Redaction Failures
A Public Service Announcement, especially for the lawyers among our readers.
Sex Offender Tries to Change Name to "Better Off Dead"
No, says the trial court, and the Minnesota Court of Appeals agrees.
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.
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).
The Likely Outcome of the Methodist Schism
An interesting analysis from Prof. Mark Movsesian (St. John's).
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."
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."
"Essentially, [the City] Defendants Request That the Court Resolve This Case Entirely in Secret"
No dice, says the District Court.
