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
Second Amendment Doesn't Protect Gun Possession in Capitol Parking Lot
So the D.C. Circuit held today.
Doe v. Doe Libel Lawsuit Over Allegations of Sexual Misconduct by a Business Executive
Unsurprisingly, the exact allegations that are said to be libelous don't appear in the complaint.
Doctor Liable to Patient's Sex Partner …
... for negligently (and erroneously) telling the patient he had tested negative for an STD.
N.Y. Court Refuses to Enjoin Allegedly Libelous Speech About Chinese Official
The plaintiff, Yan Huang, is vice minister of China's Ministry of Housing and Urban-Rural Development. Defendant, Wengui Guo, who also goes by Miles Kwok, has been described as a "renegade Chinese billionaire," who fled China and now lives in New York.
Runescape "Muting" Leads to First Amendment / Due Process Lawsuit Against Video Game Company
Unsurprisingly, the lawsuit goes nowhere.
When Are Athletes Liable for Injuries They Cause?
Plus a side note on Mormon church basketball.
The Tort of Loss of Sepulcher
I'll bet you never studied this (at least under this name) in your 1L Torts class.
Texas Court Rejects Once-Suspended Doctor's Lawsuit Over Reporting of the Suspension
Dr. Calvin Day had claimed that describing his suspension as based on "unprofessional conduct" was libelous. (He had also earlier sought to get dismissed criminal charges expunged, and tried to bind local news outlets to the expungement order.) He lost, and was ordered to pay over $80,000 in attorney's fees.
City May Not Bargain for Certain Speech Restrictions When Settling Lawsuits Against Police Department
The First Amendment makes such waivers of plaintiff's free speech rights unenforceable.
Court Refuses to Issue Gag Order and Sealing Order in Sexual Harassment Suit Against YMCA of Pikes Peak
(Disclosure: I had filed an objection, on my own behalf, to the motion to seal.)
"Once the Cat Is Out of the Bag, the Ball Game Is Over."
More than just a mixed metaphor -- it's a legal doctrine.
Limits of "Revenge Porn" Laws
An interesting D.C. trial court decision from last year, involving an image of nudity submitted as part of a court case.
Corpus Linguistics in Court?
Two Sixth Circuit judges debate the issue, in an opinion filed today.
Man Sues Anti-Homosexuality Group for Libel, Loses, Unsuccessfully Tries to Seal Court Opinions
The plaintiff had pleaded guilty to, among other things, having sex with a minor (apparently when he was 21 and the minor was 15); the alleged libel stemmed from, among other things, reports of that crime.
New Orleans Mural Ordinance, Which Regulates "Works of Art," Is Unconstitutionally Vague
So a district court held today.
Government-Run Fora on Private Platforms, in the @RealDonaldTrump User Blocking Controversy
Whether the First Amendment applies generally turns on who is imposing a restriction (the government vs. a private party), not on whether the speech is on public or private property.
Second Circuit: Unconstitutional for @RealDonaldTrump to Block Twitter Users Based on Viewpoint
The reasoning would apply to other politicians' accounts that are seen as "official" rather than personal, and to accounts that are run by government entities (such as school boards) rather than individual politicians.
Sealing Records of a Teacher's Prosecution for Sexual Conduct with Underage Students?
An interesting Massachusetts decision from a couple of months ago, upholding a trial court's refusal to seal under such circumstances.
The Law of the Ice Cream Tub Licker
Licking an ice cream tub in a supermarket and putting it back -- is that second-degree felony "tampering with consumer product" in Texas?
If Children "Will Be Enrolled and Be Participants in the Catholic Religion," Does This Require Taking Them to Mass?
The enrolled/participants requirement was part of a divorcing couple's custody agreement -- may a court interpret this as requiring the parent with Sunday custody to take the children to mass, or give up the relevant part of her parenting time?
Is Wrongful Search Engine Optimization a Tort?
An anonymous lawsuit claims that it's tortious to try to artificially boost the prominence of an embarrassing article.
OK to Let Muslim Witness Testify "Wearing a Scarf Over Part of Her Face"
So holds a Pennsylvania appellate decision.
"Prominent Pornography Researcher Frames Defamation Claims As Sexual Harassment, Prompting a Defamation Suit by Her Target"
An academic debate turns into professional and legal accusations.
First Amendment Likely Bars Arizona's Withdrawal of Tax Benefits to Nike Over Betsy Ross Sneaker Controversy
The Supreme Court has held that the government generally may not terminate contracts with contractors based on their constitutionally protected speech; the same likely applies to financial incentives..
No Preliminary Injunction, No Pseudonymity, No Sealing in Internet Libel Case
That's what a New York trial court decision just posted online today held -- correctly, I think.
Purdue Student Expelled for Alleged Sexual Abuse Can Proceed With His Due Process and Sex Discrimination Claims
"Fairness can rarely be obtained by secret, one-sided determination of facts decisive of rights."
Rape Claims, Speech Restrictions, and Consent
Noted political publicist Trevor FitzGibbon (who had represented Julian Assange) sues whistleblower lawyer Jesselyn Radack (who had represented Edward Snowden) -- a second time.
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.
