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
Attempt to Get Google to Vanish My Article About a Forged Court Order
The anatomy of two unfounded deindexing requests.
Will the Court Read the Free Exercise Clause as Often Mandating Religious Exemptions from Generally Applicable Laws?
Four conservative Justices (Thomas, Alito, Gorsuch, and Kavanaugh) so suggested in an opinion today -- and Justice Breyer had taken a similar view 20 years ago.
When Asking for Amicus Briefs, Give Plenty of Lead Time
Parties sometimes wait until their brief is filed before asking for an amicus brief -- but that usually leaves just days or at most a few weeks for the amicus to write the brief.
"Doctors Saved Man's Life by Pumping 15 Cans of Beer Into His Body"
Apparently he was suffering from methanol poisoning his liver, and administering ethanol seems to make the methanol less harmful.
Appellate Court Rejects Cartoonist Ted Rall's Libel and Employment Claims Against L.A. Times
The claim stemmed from the Times' published statements "questioning the accuracy of a blog post plaintiff wrote for The Times," and the Times' decision not to publish more work from Rall.
Washington Lt. Gov. Skips Governor's Speech Because People with Concealed Carry Permits Could Attend
Shouldn't he be avoiding most of the whole state of Washington?
The Shutdown and the First Amendment
What happens if a commercial speech licensing scheme is on hold -- and thus the speakers can't speak -- because of the federal government shutdown?
Alabama Judge Strikes Down State Law Protecting Confederate Monuments
But the decision seems wrong as a matter of federal constitutional law, because the law regulates only local governments -- and local governments lack any federal constitutional rights against their states.
N.Y. Bill Would Violate Gun Rights, Free Speech Rights, and Privacy
Among other things, it would call for investigators to review three years' worth of a would-be gun buyer's social media postings for "excessive discriminatory content."
Many Foreign Tourists -- and Most Foreign Students -- Are Barred from Going to Shooting Ranges
Come from England or Japan for a short visit? Feel free to shoot at a range! Return on a student visa? Federal felony for you (and friends who take you) if you go shooting. Unless, of course, you've gotten a hunting license -- even if the range visit is completely unrelated to the hunting.
Orlando-Area Lawyer Interested in Pro Bono Unsealing Case?
I'm trying to get access to the papers in an Orange County (Florida) case in which someone got a a restraining order that he is using to try to get online criticism deindexed by Google.
More on Guns and Strict Liability
An interesting opinion from an Illinois appellate judge, arguing against the Illinois rule under which it's a crime to possess a gun with a defaced serial number even if one has no reason to know that it's defaced.
Illegal Aliens, Guns, and Strict Liability
Federal law bans felons, illegal aliens, and others from knowingly possessing guns (or ammunition); does the government also have to show that the defendant knew he was a felon, illegal alien, or within some other prohibited category? [UPDATE: Last paragraph corrected.]
Ninth Circuit Upholds Federal Ban on Gun Ownership by Illegal Aliens
Other circuit courts have reached the same result, though not all have used the same reasoning.
No Compulsory Sharia for Greek Muslims, European Court Rules
Greek law had provided (or some Greek courts had ruled) that Greek Muslims' will disputes would be resolved under Islamic law -- but that's forbidden religious discrimination, rules the European Court of Human Rights.
Universities May Have Duty to Block Students' Access to Sites That Carry Supposedly "Harassing" Statements About Students
A bad decision from the Fourth Circuit, aptly criticized by the Foundation for Individual Rights in Education.
ACLU (N.H.) Challenging Criminal Libel Statute
The Supreme Court, though, has suggested that such laws, if narrow enough, are constitutional.
Understanding the New Obamacare Decision, Texas v. United States: Part II
[Part of a continuing series of guest posts by Prof. Josh Blackman (South Texas College of Law). -EV]
Fourth Circuit Rejects Libel Claims over Misleading Edits in Katie Couric's "Under the Gun"
The "questionable" "editing choices," the court said, weren't sufficiently injurious to reputation to qualify as libelous (whether or not they conveyed a false message).
"Free Speech Rules," My New YouTube Video Series -- Episode 1 (Speech in Schools) Now Out
Please share it widely -- there will be at least nine more in the upcoming months.
7 Things You Should Know About Free Speech in Schools
Episode 1 of Free Speech Rules, a new video series by UCLA Law Professor Eugene Volokh
Court Sets Aside USC Student's Expulsion for Alleged Rape
USC's procedures didn't fairly treat the accused, a California appellate court rules.
Unconstitutional "Hate Speech" Prosecution in New York
"[SUNY] Purchase College student Gunnar Hassard was arraigned in Harrison Town Court for Aggravated Harassment in the First Degree, a class E felony, for hanging posters with Nazi symbolism in areas of the campus."
Plaintiff Can't Seal Case He Brought Against Ex-Employer
"Protection against the possibility of future adverse impact on employment does not overcome the presumption of public access."
Help! We Need a Name for a Series of Short Videos Explaining Free Speech Law
We've got a grant -- we've finished the first video (under 4 minutes) -- but we need a good title for the whole series.
Being Called a "Putz" Isn't a Sign of Hostility Against Jews -- It's a Sign of Hostility by Jews
(Not necessarily religiously discriminatory hostility, of course.)
Court Throws Out Season Ticket Holder's Lawsuit Over Football Anthem Protests
A creative legal theory, roundly rejected.
Diversity
A nice passage from Rogers & Hammerstein, which I heard on John McWhorter's excellent Lexicon Valley podcast.
E-Mails With Graphic Anti-Gun Messages, Sent to Gun Rights Activist, Weren't Threats
So holds a federal court, concluding that such e-mails with photos of gun crime victims, coupled with statements such as "Thought you should see a few photos of handiwork of the assault rifles you support," were protected by the First Amendment.
Federal Female Genital Mutilation Ban Exceeds Congress's Power, Holds District Court
Policing such behavior, the court concludes, is a matter for the states, because it isn't authorized as a regulation of commerce or as necessary and proper to comply with treaties.
A Reminder About Rumsfeld v. FAIR
The statute in that case was a funding condition on federal money given to universities -- but the Court's decision held that the government could impose the same rule categorically, whether or not the universities got funds.
New Article on Compelled Speech, Forthcoming in the Texas Law Review
I'd love to have people's comments this week, since I owe the journal a final draft Saturday the 24th. [UPDATE: Just to be clear, the article aims to provide a coherent framework for understanding the current precedents, not to come up with new rules from scratch.]
Judges Need Not Recuse Themselves Just Because They Are Facebook "Friends" with a Lawyer
So holds the Florida Supreme Court (by a 4-3 vote).
N.Y. Appellate Court Reverses Injunction Against Online Tabloid's Publishing "Images Depicting … Lynching in Association with Plaintiff"
The latest in the Brummer v. Wey (TheBlot) litigation, brought by Prof. Christopher Brummer, a former Obama nominee for the Commodity Futures Trading Commission.
Neomi Rao Is Indeed a First-Rate Pick for the D.C. Circuit
Jonathan beat me to posting about this, but I agree entirely with his post.
"Out: The United States of America; In: The State University of America"
A funny line from David Burge (iowahawkblog) about Rep.-Elect Ocasio-Cortez joining "youth activist" sit-in in Nancy Pelosi's office.
N.H. Constitution Now Protects "Right to Live Free from Governmental Intrusion in Private or Personal Information"
But what does that mean? Readers, tell me what you think, and how it fits with your general theory of constitutional interpretation (e.g., textualism, originalism, etc.).
Right to Wear T-Shirts That Depict or Mention Guns
... extends to public high school students, holds a federal judge in Wisconsin.
Forged U.K. Court Order Aimed at Vanishing Newspaper Article About English Businessman Mason Soiza
So reports the Times of London, which was the target of the purported order.
