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
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."
First Amendment Doesn't Protect a Right to Smoke
Just in case you had any doubts about that.
No "Possess[ing]" "Copyrighted Material" When on Supervised Release
Now that's being tough on crime.
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.
When Does the First Amendment Preempt Negligence Liability?
More on Doe v. Mckesson, the Baton Rouge Black Lives Matter case.
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).
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.
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."
Retroactive Continuity (Retcon) in the Law
The first reference to the term "retcon" in a Westlaw-accessible court opinion.
Father Sues His 8- and 10-Year-Old Daughters for Slander
Be good, boys and girls, or we'll sue you, too.
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."
More on Seattle Public Library "Considering" Whether to Cancel Meeting of Trans-Skeptical Feminist Group
The ACLU of Washington speaks out.
"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.)
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.
"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.
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.
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.
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.
"Broke Ass Phone" Wins Right to Have Commercial Sign With Its Name
"Postpositive," not posterior.
"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.)
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?
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).
Court Upholds Restriction on Videorecording in Government Buildings,
even if there is such a right to videorecord on public streets, holds a federal district court.
State Constitutions, Text, and Implicit Repeal
An interesting New York constitutional interpretation case, involving a state constitutional right to collective bargaining.
Calling Wife "Fucking Bitch" in "Mutual Argument … Unaccompanied by any Physical Actions or Threats" Isn't "Fighting Words"
Warning: These are trained litigants; don't try this at home.
No Sealing of Whirpool Corp. Documents in Product Liability Case
"While such documents may be unflattering to Defendant's business, Defendant has not satisfied the burden of showing that the documents are proprietary in nature. Nor has Defendant satisfied the burden necessary to show that any interest in maintaining secrecy is outweighed by the presumption of access."
"Dueling Platform Policies and Free Speech Online"
A National Constitution Center podcast with Prof. Ellen Goodman (Rutgers) and me.
Cal. Supreme Court Invalidates Law Requiring Primary Presidential Candidates to Disclose Income Tax Returns
Today's decision was based on the California Constitution.
The First Amendment and Government Property: Free Speech Rules (Episode 8)
Episode 8 of Free Speech Rules by UCLA Law Professor Eugene Volokh
Hearing Examiner Recommends Approval of Women-Staffed Volunteer Ambulance Service for Orthodox Jewish Women,
but the New York City Regional Emergency Medical Services Council denied the application, by a 12-7 vote.
N.Y. Prosecution and Lawsuit Over Sending Baptist Anti-Catholic Leaflet + E-Mail
Criminal charges were eventually dropped, and the civil lawsuit has just been thrown out.
Avoid #SpectrumMobile Like the Plague
What an appalling customer service experience.
Barred from Participating in Public High School Graduation for Using "Nigger" in a Tweet?
That's the claim in a federal lawsuit, which a federal judge just allowed to go forward.
Monroe County (N.Y.) Proposed Ban on Intentionally Annoying a Police Officer …
has been approved by a 17-10 vote of the County Legislature, and will become law if signed by the County Executive.
