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
"Second Amendment Law Lessons: Look Beyond the Courts for Freedom"
Excellent advice from Prof. Glenn Harlan Reynolds (InstaPundit), in USA Today.
Court Discloses Speech-Restrictive Barley House Settlement Agreement
I'm delighted to report that the District Court agreed with our position.
Supermajority Required for Finding of Unconstitutionality
Interesting provisions in some state supreme courts -- but are they constitutional when applied to claims that statutes violate the federal Constitution?
Excluding Anti-Gay Speaker From Open-to-the-Public Pride Festival Violated First Amendment
First Amendment principles that offensive speech is protected "are by no means new. Yet they are strangely absent from the papers submitted by [City of Syracuse defendants] in defense of their actions toward plaintiff James Deferio, a Christian evangelical who regularly proselytizes at the Central New York Pride Parade and Festival ...."
More on the Secret Speech Restriction in the Barley House Case
Can an American court punish a speaker for his speech, on the theory that he breached an agreement not to speak -- all the while keeping the speech-restrictive agreement secret?
The "Too Irrational to Be a Terrorist" Defense Goes Nowhere
ISIS supporter Joshua Van Haften "also believes, for example, that Britain's Prince William is the Antichrist, that people can use numerology to predict the future, and that most Western political leaders are closet Satanists."
New Free Speech History Podcast (First Episode: Ancient Athens)
It's by Jacob Mchangama, and presented by (among others) the Foundation for Individual Rights in Education.
Ban on Carrying Guns Within 1,000 Feet of Park Struck Down
...by the Illinois Supreme Court in a decision this morning.
Inserting People into Porn Movies: The First Amendment Textbook Problem (2005)
A prediction comes true, for better or worse ....
Polish Bill Would Outlaw Statements That Accuse Poles of Complicity in Nazi Crimes
More censorship creep in Europe, which already forbids a wide range of claims about history.
Arizona Bar Accuses Libel Lawyers of Suing Fake Defendants
"There is no notary in Fulton County named Amanda Sparks.... The notarization by Amanda Sparks is a forgery.... Connie Hood and Jesse Wood are not real. Connie Hood and Jesse Wood were fabricated in order to obtain a stipulated order of permanent injunction removing criticism of Adam Lynd from the internet.... Howard Marks is not real.... Robert Smith is not real.... Damon Lentz is not real...."
Linguification
When (often plausible) claims about substance get recast as (unsound) claims about language.
Inconceivable Rights: I Do Not Think That Word Means (Just) What You Think It Means
The infection of postmodernism apparently goes way back.
How "Rights" Are Like Superscript -1
Legal language, like mathematical language, often gives multiple definitions to similar terms.
The Limits of Textualism and the Union Agency Fee Case
I'm all for carefully reading the words of the Constitution, and applying the distinctions that it draws -- but we need to make sure we're understanding just what those distinctions are.
Our Largely Non-Libertarian Constitution
Many restrictions on liberty may be unwise and wrong -- but not unconstitutional.
Why There's No First Amendment Problem With Compulsory Union Agency Fees
Will Baude and I have cosigned a new amicus brief on this in Janus v. AFSCME.
University of Alabama Student Expelled for Racist Instagram Rant
Clearly unconstitutional, and a threat to a vast range of other, much more serious, speech.
Internet Taxes, the Supreme Court, Old Decisions, and New Facts
A very interesting analysis of the Supreme Court's new Internet tax case (South Dakota v. Wayfair, Inc.), by Notre Dame Prof. Randy Kozel.
More on When "United States" Shifted from Plural to Singular
James Phillips, a Constitutional Law Fellow at The Becket Fund for Religious Liberty, offers some very helpful data.
Contempt Proceedings to Enforce YouTube Personality's Secret Speech-Restrictive Settlement Agreement
The latest twist in the Barley House case -- and my attempt to intervene.
Photographing Someone Being Arrested Doesn't Count as "Stalking"
Because "there is a First Amendment right to videotape police officers while they are conducting their official duties in public," that right applies even over the objections of the people being arrested by the officers.
"United States" -- Plural vs. Singular
When did the change happen, and how quick was it? [UPDATE: For more comprehensive data, see this post.]
No First Amendment Right to Display Van as "Lawn Ornament"
And that's so even if the van is red, white, and blue.
The United States Is Both a Republic and a Democracy
"Democracy" has long included representative democracy as well as direct democracy; and "Republic" was used by the Framers to refer to regimes that were not representative.
Lebanon Bans "The Post"
The reason: Steven Spielberg shot some scenes for Schindler's List in Israel.
Third Libel Law Defeat for "Badass Lawyer" Todd Levitt
It's a fine line between being a "badass" and ....
Court Vacates Ban on "Memes" That Depict Local Community Activist
Richard Rynearson's online criticisms of Clarence Moriwaki, the court held, were protected by the First Amendment, and thus couldn't justify an antistalking order.
Short Circuit: A roundup of recent federal court decisions
A game of chicken, a chicken raid, and a family unfriendly food truck.
You Fiend -- You Used Google Street View in Committing Your Crime!
A 2010 Louisiana statute calls for an extra year in prison if you use such an atrocious tactic.
Lindsay Lohan, Grand Theft Auto V, the First Amendment, and the Right of Publicity
An amicus brief we recently filed in an interesting and important New York high court case.
Short Circuit: A roundup of recent federal court decisions
Tactile cash, new lead paint rules, and bedding for illegal immigrants.
Patient Privacy and Transgender Medical Professionals
An interesting incident from England, as reported by the Sunday Times.
Hillary Clinton Is "Most Admired" Woman by Americans
Reports a Gallup poll -- which also reports that a whopping 9% of respondents so labeled her (and her favorability-unfavorability rating is 36%-61%).
Should You Lose Your Liquor License Partly Because You Rudely Criticized Police?
Yes, said San Antonio police officers, arguing that a bar's license shouldn't be renewed -- "those remarks show what kind of people Bottom Bracket's owners really are and that they should not be allowed to operate a bar."
College Presidents Say: "Hate Speech Is Not Free Speech"
But there's no "hate speech" exception to the First Amendment.
Interesting Story on Black Gun Ownership
In the Huffington Post, not usually a source of positive views on guns.
California Prosecuting Man for Insulting Posts on Islamic Center's Facebook Page
The government's theory would equally criminalize insulting posts on a NRA page, or on a pro-Trump organization's page, or on a Communist Party page.
Atheist Arrested in Bangladesh -- Atheism Might Be Banned in Egypt
Two recent stories in the news, plus a third item about Malaysia.
James Zogby: Calling Hummus "Israeli Food" = "Cultural Genocide"
Zogby is a Democratic National Committee member, Chair of The [Bernie] Sanders Institute, and founder and president of the Arab American Institute.
Oregon Court Holds That Statements Opposing Same-Sex Marriage Weren't Illegal Threats of Discrimination
A separate holding from today's Klein v. BOLI (Sweetcakes by Melissa case), from the Oregon Court of Appeals.
