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
First Amendment Limits Media Liability for Inducing Breach of Nondisclosure Agreement -- Now a Precedent in California
The Court of Appeal has ordered that the formerly nonprecedential decision, which I blogged about four weeks ago, will now be precedential.
Minnesota Supreme Court Holds That Nonmedia Speakers Are Fully Protected by First Amendment
Prior Minnesota precedents had said that some First Amendment protections against defamation liability applied only to media speakers.
Attempt to Vanish Newspaper Articles About Elected School District Trustee Lynette Boggs-Perez
Boggs-Perez is the recently elected trustee of the San-Antonio-area Judson Independent School District, and the requests aimed to deindex columns about her in the Las Vegas Review-Journal and the San Antonio Express-News.
Facebook Posts Lewdly Insulting Elected Official Are Criminally Punishable (at Least If They Relate to a Private Dispute)
Such speech, whether about elected officials or others, is punishable, the court held, if it "[does] not express social or political beliefs or constitute legitimate conduct" and "could only serve to harass, annoy or alarm the complainant."
Facially Viewpoint-Based Statutes Are Unconstitutional Even if They Aren't "Substantially" Overbroad
So the majority held in today's decision about the exclusion of "immoral or scandalous" marks from trademark registration (the FUCT case).
Congress May Not Bar Registration of "Immoral or Scandalous" Trademarks -- But "Vulgar or Profane" Marks, Maybe
The Supreme Court rules that the bar on "immoral or scandalous" marks is viewpoint-based, but Chief Justice Roberts and Justices Breyer, Alito, and Sotomayor say that an exclusion of "vulgar or profane" marks would be viewpoint-neutral though content-based. (The other five Justices express no opinion on a hypothetical "vulgar or profane" mark ban.)
Rhode Island Court Issues Temporary Restraining Order Requiring Blogger to Take Down All Posts About a Person
According to the ACLU of Rhode Island, which is representing the blogger, the order was issued without any adversarial hearing at which the blogger could appear.
Vermont Supreme Court Reads Revenge Porn Law Narrowly
Alice sends nude picture to her ex, Bob. Bob's new girlfriend (or maybe would-be girlfriend) Carol gets it and posts it online. Carol wouldn't be guilty under the state revenge porn statute, the court rules.
No Take-Backs, No Do-Overs, No Data Replevin
A lawyer caught on tape criticizing his client (a judge), in the making of a documentary about the prosecution of rapper Meek Mill.
"Photoshop the Change You Want to See in the World"
A funny line from an interesting story about a photoshopped photograph in GQ, "more a cheapfake than a deepfake."
No Product Liability for Risk Assessment Tool Used in Deciding Whether to Release Arrestees Before Trial
So a federal district court held Tuesday.
"Biden Rips Off Avenatti with 'Let's Make America America Again' Slogan"
Except that the phrase isn't originally Avenatti's -- it had been used by Ted Kennedy, Anita Hill, Rick Santorum, and (as "Let America be America again") by Langston Hughes in 1935.
Why the Arkansas Law Aimed at Boycotts of Israel Is Generally Constitutional, Part II
Prof. Michael Dorf, who co-signed an amicus brief with me on this subject, adds more in response to an exchange with a law professor on the other side.
Does Letting Witness Testify Wearing Partial Veil Violate the Confrontation Clause?
Depends on how much of the face it covers, the California Court of Appeal seems to suggest.
State May Vaccinate Children in Its Custody, Even Over Parents' Objection
So a New Jersey appellate court held today.
Interesting Vagueness Case That the Court Is Being Asked to Hear
The underlying subject matter in Copeland v. Vance is knives, and a New York law banning "gravity knives," but the legal issue is what must be shown for a facial vagueness challenge to a criminal statute.
May the House of Representatives Appeal Dismissal of Criminal Charges, When the Justice Department Doesn't Appeal?
From Prof. Jonathan Nash (Emory), an expert on Congressional standing.
Washington Court Reaffirms That Florists Must Serve Same-Sex Weddings
The U.S. Supreme Court had sent the case back down to be considered in light of the (narrow) Masterpiece Cakeshop decision.
Why the Arkansas Law Aimed at Boycotts of Israel Is Generally Constitutional
Here's an amicus brief so arguing, signed by Profs. Michael C. Dorf (Cornell) and Andrew M. Koppelman (Northwestern) -- two leading liberal First Amendment scholars -- and me.
Deputy Scot Peterson (of Marjory Stoneman Douglas HS Fame) Being Prosecuted for, Essentially, Cowardice in Battle
The formal charges are child neglect and criminal negligence.
Excessive Fines Clause Applies to Corporations
So the Colorado Supreme Court held today.
When Should Plaintiffs Be Able to Sue Anonymously?
(1) If they're alleging sexual abuse. (2) If they're alleging they were libeled as sexual abusers. (3) Both. (4) Neither.
Can the House of Representatives Continue a Prosecution That the Executive Branch Has Decided to Drop?
An interesting separation of powers question coming in the Female Genital Mutilation statute / Commerce Clause / Religious Freedom Restoration Act / Dawoodi Bohra litigation.
First Amendment Limits Media Liability for Inducing Breach of Nondisclosure Agreement
So holds a (nonprecedential) California Court of Appeal decision in the Jenni Rivera heirs vs. Univision case, though the decision is narrowly tied to these particular facts.
Subpoenas Seeking to Identify Illegally Absent Teachers Likely Don't Violate the First Amendment
"Students are expected to attend classes. If they fail to do so without a valid excuse, their absence is duly-noted and appropriate action is taken. But the teachers at the center of this controversy expect different treatment."
California Criminal Jury Instructions No Longer Label Carrying Taser "Carrying a Loaded Firearm"
A small step forward for self-defense rights.
No "Tone-Policing," Says a Court
Sound words from a federal district court decision handed down last year.
Court Orders Mother Not to Tell Daughter That Father Had Expressed Sexual Interest in Stepdaughter
The appellate court reversed, though without reaching the First Amendment question.
"House Murders Accused Mother in Court"
If only you could use parentheses in English the way you can in math or computer programming.
First Amendment Protections for Anonymous Speakers Apply to Foreign Speakers
So holds a district court, in a copyright case brought by the Jehovah's Witnesses against a Reddit commenter.
"It Is an Immutable and Universal Rule That Judges Are Not as Funny as They Think They Are"
Words of wisdom from the Utah Supreme Court.
Utah State Trial Judge Disciplined for Anti-Trump Remarks in Courtroom
The Utah Supreme Court upheld a six-month suspension without pay, based in part (though not entirely) on these remarks; the judge has a history of past discipline on other grounds as well.
