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
Credit Card Company Requirements That Merchants Not Sell Guns to 18-to-20-Year-Olds
The companies likely must make exemptions for those states that ban the merchants from discriminating based on age.
The Supreme Court on Broad Interpretations of Statutes and Prosecutorial Discretion
"[I]nsofar as the public fears arbitrary prosecution, it risks undermining necessary confidence in the criminal justice system."
"The City Cannot … Prospectively Try[] to Guess Whether Certain [Speakers] … Will … Create a Disturbance"
Spokane Valley (Wash.) resists groups' letter opposing event put on by speaker who has at times drawn unruly supporters.
Court Allows Lawsuit Against Ideological Group for Discriminatory Rejection of Noncommercial Ad in Its Publication
The National Lawyers Guild refused to run a congratulatory advertisement submitted by an Israeli organization -- the organization is suing for discrimination in "public accommodations," and a New York court has let the case go forward.
Justices Thomas and Gorsuch Argue for Rejecting Deference to Agency Interpretation of Agency Regulations
An interesting dissent from denial of certiorari this morning.
D.C. Councilman Warns About "Rothschilds Controlling the Climate" "to Own the Cities"
"It's climate manipulation and D.C. keep talking about 'we are a resilient city' and that's a model based off the Rothschilds controlling the climate to create natural disasters they can pay for to own the cities, man."
Twitter's Policy Changes Hurting This Russian's Bots
For historical reasons, this blog has three Twitter feeds -- @VolokhC (the main one) plus @VolokhConspirac and @VolokhCom -- but it looks like I'll have two close the latter two.
U. Miami Will Cover Security Costs of Student-Organized Charles Murray Debate on Free Speech
Very glad to see that there won't be a heckler's tax on the student group's invitation.
You May Already Have Libel Insurance for Your Posts
But you might lose it if you make even a small amount of money for posting (e.g., get advertising revenue from your blog).
Challenge to Gun Ban in East St. Louis Public Housing
The anonymous plaintiff offers a pretty compelling factual story -- but the legal analysis is surprisingly unsettled.
No Footnoted Citations for Us, We're Courts
Law review articles put citations to cases and statutes in footnotes. Briefs generally shouldn't.
University of Miami Demands $7500 for Security for Free Speech Debate Involving Charles Murray [UPDATE: Dean's response added, post bumped up to reflect that]
That is what students at the University of Miami School of Law are reporting. [EARLIER UPDATE: The Dean tells me that things are more complicated than at first reported, and they're trying to see if things can be worked out; I hope to have more from the Dean in a few days.] [UPDATE 3/15: The University has agreed to pay the security fee.]
Michigan Lawsuit Against Dick's Sporting Goods for Age Discrimination in Gun Sales
Michigan public accommodations law bans discrimination based on age by businesses open to the public, including retailers.
"Dressmakers, Bakers, and the Equality of Rights"
A very interesting piece by Stanford Prof. Michael McConnell on the Masterpiece Cakeshop case.
Age Discrimination Suit Against Dick's Sporting Goods and Walmart for Refusing to Sell Rifle to 20-Year-Old
Oregon law generally bans discrimination in selling goods based on age, so this lawsuit looks like a winner.
Should a Fine's "Excessiveness" Turn Partly on the Defendant's Wealth?
"For a trivial offence, a free man shall be fined only in proportion to the degree of his offence, and for a serious offence correspondingly, but not so heavily as to deprive him of his livelihood."
Does the Excessive Fines Clause Apply to the States?
You'd think we'd know that by now -- but the Supreme Court hasn't spoken to this. Now an Institute for Justice petition asks the Court to consider the issue, and my students and I have just filed an amicus brief (on behalf of many professors) supporting the petition.
The Fruits-of-Their-Labor Clause
It's right there in the North Carolina Constitution -- and the N.C. Supreme Court has just enforced it, in a case brought by a public employee, but potentially applicable to economic liberty claims brought by private businesses in the future.
Advice to Young Lawyers from a Judge
I just stumbled across this in doing research on something else.
French Prosecution of Marine Le Pen for Tweeting Islamic State Execution Images
The charges -- for "distribution of violent images" -- could lead to up to three years in prison and a $90,000 fine.
Can Gun Stores Refuse to Sell Rifles and Shotguns to Under-21-Year-Olds?
Depends on what state, city, and county they're in.
No Jail Sentence for Woman Who Falsely Claimed Rape by Three Unidentified Black Men
What should the proper punishment be in such cases?
R.I. Proposal to Tax Violent Video Games
But such a content-based tax would violate the First Amendment.
It's Just Like Saying the N----- Word
The flag of those who supported the dissolution of the Union.
Nametags at Conferences: Three Fails
Three errors conference organizers often make with nametags, and how to avoid them.
My Podcast Debate on Mandatory Union Fees and the First Amendment
The National Constitution Center invited Alicia Hickok and me to debate Janus; Ms. Hickok wrote an amicus brief supporting Janus, and I signed an amicus brief supporting the AFSCME.
Duty to Retreat from One's Home, When Attacked by a Cohabitant?
Even states that generally impose a "duty to retreat" before using deadly self-defense exclude self-defense in the home -- but what if the self-defense is against a cohabitant?
"We Are Not Crows" -- and yet ….
A Louisiana statute applies when a parent who shares custodial rights moves with a child more than 75 miles from the child's principal residence -- is that as the crow flies, or as MapQuest calculates?
The Two Sides of Collective Bargaining: A Way of Looking at the First Amendment Question in Janus
The government always compels taxpayers to fund the management side of management-labor bargaining in public workplaces. Given this, why should there be a First Amendment problem with compelled funding (through agency fees as well as taxes) of both sides?
The Space Shuttle and Reasonable Doubt
"During voir dire, the prosecutor showed the potential jurors an incomplete puzzle of a space shuttle (with only sixty-six percent of the pieces present), stated that the image was a space shuttle 'beyond a reasonable doubt,' and asked the potential jurors whether anyone disagreed, which none did; the prosecutor also showed the image during closing arguments."
Child Custody, Religion, and Children's Reactions to a Parent's Religious Demands
"The change in the child's relationship with the father based on the child's fear of his displeasure if she were not a 'true Muslim,' and her belief that he threatened to abscond with her to Morocco, also contributed to the change in circumstances warranting modification" of the custody arrangement.
First Amendment Case Brought by Immigration Checkpoint Protesters/Monitors Can Go Forward
So holds the Ninth Circuit, in a case in which the Scott & Cyan Banister First Amendment Clinic, which I run, filed an amicus brief.
Taylor Swift Decision: Copiers Gonna Copy, Copy, Copy
And that's not copyright infringement, if they only copy short phrases, especially ones that were themselves largely copied from others.
Don't Know Much About History
Quite a line about World War II from a history book for children.
Adjunct Prof: "Australia Is a Continent; It Is Not a Country"
Instructor gives F to student for calling Australia a country; university fires instructor.
Bank Recommendations, Especially for Banks with Good Online Banking Systems?
I've long been disappointed with my bank, U.S. Bank, chiefly because of its online banking system, which seems badly antiquated.
Indonesia Seems Set to Ban Gay Sex
World's fourth largest country -- and largest Muslim country -- had long been seen as tolerant on such matters, but that has been changing.
Ninth Circuit: Adultery Is Constitutionally Protected
The court holds that Lawrence v. Texas limits government restrictions on extramarital sex.
Someone Trying to Vanish My Post About Someone Trying to Vanish Another Post
In March, I wrote about a forged court order that someone was using to try to get Google to de-index online criticism of a New Britain, Conn. community activist (and volunteer city commissioner); now, someone has asked Google to de-index my post, plus a TechDirt post on the same subject.
California Court Upholds First Amendment Right Not to Bake Cake for Same-Sex Wedding
This is a trial court decision, and an appeal seems likely.
