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
Ban on Toplessness for Women Doesn't Violate the Equal Protection Clause
The Eighth Circuit sticks with its earlier views on the subject, but earlier this year the Tenth Circuit departed from the majority view on the subject.
"John and Mother's Religious Reasoning Is Incongruent with Scripture"
Not the sort of reasoning that's supposed to appear in American court opinions.
Publishing Court Records Containing Home Address Not Actionable Invasion of Privacy
A district court decision from several years ago, which I just ran across.
Spotted at a Neighborhood Restaurant
I e-mailed the restaurant management when I saw it several months ago; they apologized, and I haven't seen the problem recur.
First Amendment Protects Nondisruptive Student Speech Calling for Principal To Be Fired
So a federal district court held Monday, and concluded that this principle was well-established enough to defeat a qualified immunity defense.
Armslist Not Liable for Allowing Searches for Private-Seller Gun Ads
So the Wisconsin Supreme Court held yesterday, reversing a Wisconsin Court of Appeals decision.
Circuit Split on Whether Autoerotic Asphyxiation = "Intentionally Self-Inflicted Injury"
And yet despite the split, I doubt that the Supreme Court would agree to take the case.
Planned Lone-Wolf (?) Jihadist Attack in L.A. Thwarted
"Domingo discussed with the [confidential informant] different targets for an attack, including Jews, police officers, churches, and a military facility."
Injunction to Take Down Critical Sock Puppet Comments
Can a court block multiple statements that seem to come from several people, but that were actually all posted by one person?
Organizer of Black Lives Matter Highway-Blocking Protest Can Be Sued for Injury to Police Officer
An interesting decision from the Fifth Circuit, allowing a negligence claim to go forward against organizer Deray Mckesson; the court's reasoning relies heavily on the illegal nature of the protest.
Is the Government Required to Count the Number of Citizens in Each State?
Prof. Josh Blackman (South Texas) asks this very interesting question.
First Amendment Challenge to L.A.'s Requirement That Contractors Disclose Ties to NRA
Just filed yesterday, and I think it should prevail.
Flashing Headlights to Warn of Speed Trap May Be Protected by First Amendment
So holds a District Court decision, though stressing the "may be."
Sex-Segregated Swimming Hours at Condo Violate Fair Housing Law
So holds the Third Circuit, though in a narrow opinion.
Beyond the First Amendment: Anti-Libel Injunctions in States That Have Repealed Criminal Libel Laws
Even if injunctions against libel don't violate the First Amendment, should state courts still reject them on other grounds?
The Trial Court "Did Not Consider American Law and Fundamental Precepts of Due Process"
The Appellate Court of Illinois reverses a trial court decision that deferred to a Muslim divorce from India.
Delaware Government Refusing to Allow "Illegal Pete's" as Corporate Name
Seems like a pretty clear First Amendment violation, even if the name is viewed as an offensive reference to illegal aliens (which the corporate owners apparently don't intend).
Beyond the First Amendment: Anti-Libel Injunctions and Prosecutorial Discretion
Even if injunctions against libel don't violate the First Amendment, should state courts still reject them on state separation of powers principles?
Ukrainian President-Elect and Prime Minister Are Both Jews
An interesting development, in a country that (like others in Eastern Europe) has had a long history of anti-Semitism.
The First Amendment and the Hybrid Preliminary Injunction
A relatively novel suggestion, aimed at providing libel defendants with the necessary First Amendment protections while still giving libel plaintiffs protection early in the litigation process.
Crime to Tweet About People Intending to "Abuse" Them?
That's the legal theory behind a case just filed by prosecutors in Ohio.
"Friends of Liberty are Warmly Disposed …
to any decision that favors freedom against authority, even against representative government. The student of the Constitution requires something more ...."
Lawyers' "Billing Judgment … Demonstrates an Extraordinary Dedication to Containment of Cost …"
"... and renews this court's faith in conscientious billing practices."
The Limited Role of Mens Rea in Hybrid Anti-Libel Injunctions
I'm continuing to serialize my forthcoming Penn Law Review article on Anti-Libel Injunctions.
Restricting Injunctions to Libels on Matters of Private Concern?
Should the availability of anti-libel injunctions turn on the subject matter of the false and defamatory speech that's being enjoined?
Sexual Quantum Meruit
This actually came up in a hypo, based on a real extortion case.
Veil-Wearing Witness's Religious Concerns Trump Public Trial Rights
A Pennsylvania court decision said they can (though relying on cases generally allowing restrictions on Public Trial Clause and First Amendment trial access rights in the interest of preventing embarrassment to witnesses).
Middlebury College Cancels Speech by Polish Politician-Academic
The speech had been cosponsored by three faculty-run programs at the College.
Not a Jujube
Apparently, that's so of qualified privileges and of the All Writs Act -- but what on earth does that mean?
The First Amendment and the Hybrid Permanent Injunction
This is the key proposal from my forthcoming Penn Law Review article on Anti-Libel Injunctions -- a way of taming the anti-libel injunction to include important First Amendment procedural protections, but still allow its use to prevent genuine libels.
How Specific Anti-Libel Injunctions Underprotect Speech
I'm continuing to serialize my forthcoming Penn Law Review article on Anti-Libel Injunctions.
The First Amendment and the Specific Preliminary Injunction
I'm continuing to serialize my forthcoming Penn Law Review article on Anti-Libel Injunctions.
Commenting on the New Platform
Just click on the little fuchsia speech-balloon at the end of the post, on the right hand side.
The Second Amendment in Public Housing
The East St. Louis Housing Authority stipulates to allowing residents to possess guns.
Teaching 5- and 6-Year-Olds Serious Basic Math
The second edition of "Breaking Numbers Into Parts": very highly recommended.
The First Amendment and the Catchall Permanent Injunction
I'm continuing to serialize my forthcoming Penn Law Review article on Anti-Libel Injunctions.
"Free Speech Rules," My New YouTube Video Series -- Episode 3 (Fake News) Now Out
Please share it widely!
The First Amendment and Criminal Libel Law
I thought I'd serialize my forthcoming Penn Law Review article on Anti-Libel Injunctions; here is the section on criminal libel law -- the article argues that anti-libel injunctions are like mini-criminal-libel laws.
Fake News and the First Amendment: Free Speech Rules (Episode 3)
Episode 3 of Free Speech Rules, starring UCLA law professor Eugene Volokh
Anti-Libel Injunctions and the Criminal Libel Connection
My new article, forthcoming in the University of Pennsylvania Law Review late this year -- I'd love to get feedback, while there's still plenty of time to edit it.
Libel, Time, Brexit, and Monaco
An allegedly bogus dossier on plaintiff was sent by defendant to a third party in 2003 -- and then hit the news in 2017. Can plaintiff sue for libel?
