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
Videographers' Free Exercise Clause Objections to Having to Create Same-Sex Wedding Videos
The mysterious "hybrid rights" doctrine comes up again—but might not matter.
Threatening with a Gun vs. Shooting at Someone
There are different legal standards for the two actions, the Michigan Court of Appeals correctly concludes (in the Siwatu-Salama Ra case).
How I Was a Criminal Defendant in a N.J. Harassment Case
"Eugene Volokh told the police he refuses to leave me alone."
States May Not Cancel Votes of "Faithless" Presidential Electors
So a Tenth Circuit panel held yesterday.
OK to Oppose Sealing of Court Documents Without Local Counsel
... if you're asserting your own rights of access (which all of us have) to court records.
Crime Victim Kills Attacker -- Are the Other Attackers Guilty of Murder?
Yes, in many states, under the "proximate cause" theory of "felony murder."
"Right to Be Forgotten" as to Court Opinions Rejected …
... by a federal district court decision yesterday, in a case brought by a pro se litigant in New Jersey.
Lawsuit Against Rappers for Attack by Their Employees in Sneaker Store
The defendants are "Stunna 4 Vegas" and "Dababy"-run company Billion Dollar Baby Entertainment, LLC.
Calling Informants "Snitches" May Be a Federal Felony
That's so regardless of whether the statement is seen as a true threat or incitement—and it applies to any "harmful" speech "inten[ded] to retaliate" against anyone giving law enforcement "any truthful information" related to a federal crime.
Florida Senate Member Gets Restraining Order Against Critic
Fortunately, the Florida Court of Appeal has just reversed.
Restraining Order Issued to Ban Unwanted Contact with Mayor by City Commission Candidate
... vacated by the Michigan Court of Appeals.
Libel Lawsuit Dismissed Under "Fugitive Disentitlement" Doctrine
The doctrine originated in criminal appeals by defendants who were fugitives, but it can also apply to civil cases -- here, where the federal court plaintiff has absconded with her and defendant's children in violation of a state court order.
Can Excluding Someone from a Town Be a Proper Remedy in a Libel/Harassment Case?
Yes, said the New Hampshire Supreme Court; is that right?
Texas Appellate Court Strikes Down Electronic Harassment Statute
The ban on online speech intended to and reasonably likely to (among other things) "annoy," the court says, is unconstitutionally vague and overbroad.
Olivia Newton-John's Grandfather Was Nobel-Winning Physicist Max Born
I had not known that!
Iranian Custody Decree Given Effect by a Colorado Court
Under Colorado law, the decree stripped a juvenile court of the jurisdiction over an attempt to terminate the parents' parental rights.
Court Rejects Claim for "Negligent Destruction of Employment Opportunity"
"The Court has found[] no case to support the proposition that an employer has a duty to fire an employee in a way that will not interfere with her future employment opportunities or to provide her with a letter of recommendation."
A Warning to Law Students and Young Lawyers
You don't want to explain to your clients why a court would say something like this in its opinion.
A Tip for People Who Seek to Seal Court Filings
Avoid motions "for Leave to File Under Seal Any and All Documents and Depositions Cited in Support of Any Motion, Response, Reply, or Appendix Filed by the Plaintiff/Counter-Defendant."
Court Overturns Fordham's Decision Not to Recognize Students for Justice in Palestine Chapter
Though Fordham is a private university, under New York law private university decisions that violate the universities' own stated rules may be set aside by a court.
Sarah Palin's Libel Case Against New York Times Can Go Forward
So holds a Second Circuit panel this morning.
Everyone Has a Right to Call Politicians "Idiots" …
... no matter the politician's race, sex, or religion, and no matter whether the speaker owns a gun store.
Is Money Speech? Free Speech Rules (Episode 5)
Episode 5 of Free Speech Rules, from UCLA law professor Eugene Volokh
Nieves v. Bartlett and Allegedly Retaliatory Arrests Based on Speech Alone
The Sixth Circuit suggests an important limit on the Supreme Court's Nieves precedent, though it doesn't decide the question.
Laws Banning "Impair[ing] the Functions of any Police … Operations"
The Sixth Circuit expresses concern that such bans may be unconstitutionally vague or overbroad.
The First Amendment and a Parody of a Police Department Web Page
The parodist was arrested for "unlawfully impair[ing] the department's functions," but was acquitted; the Sixth Circuit just let the parodist's lawsuit against the city proceed.
CBS News Story on Forged Court Orders Aimed at Vanishing Posts from Google Searches
"I'm trying to figure out how the same links that are in this contract that you were paid $7,500 to remove end up in a fake court order with the client's name?"
Employment Discrimination Plaintiff Can't Get Case Sealed After Settlement
Stephanie Gilliard argued "that offers of employment have been rescinded after Google searches of her name revealed the events of this case, namely her surreptitious recordings of her co-workers."
"A Poster Boy for the Long-Sentenced, Non-Violent Drug Offender?"
Sen. Cory Booker gives William Underwood as an example of a man "serving a life sentence ... for a nonviolent drug crime he committed in 1988." But "[t]he government's evidence at trial showed that from the 1970's until his arrest in late 1988, Underwood supervised and controlled an extensive and extremely violent narcotics trafficking operation involving a number of murders and conspiracies to murder ...."
Legal Duty to Report Your Coworkers' Off-the-Job Crimes?
A New Jersey appellate court said a co-worker relationship (if long-lasting and close enough) "would be adequate to fairly warrant the imposition of a duty to act." The New Jersey Supreme Court declined to opine on this, and instead concludes that such a duty wouldn't be triggered on the facts of this case.
No Duty to Exclude the Creepy
Interesting tort analysis stemming from a supermarket ice cream aisle murder.
Second Amendment Doesn't Protect Gun Possession in Capitol Parking Lot
So the D.C. Circuit held today.
