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
Wearing a "Military-Style" Tactical Vest to School Isn't a Crime
The Eighth Circuit held that plaintiffs had adequately alleged that school resource officers lacked probable cause to arrest them; note that nothing in the court's decision casts doubt on the school's ability to investigate or even briefly detain the students short of arrest.
"There Is No Basis for Preventing the Public from Learning That Natale Seeks Recourse for the Defendants' Alleged Misconduct"
A reminder to libel plaintiffs (and other plaintiffs).
Court Reverses Injunction Against Anti-Anti-Semitic Speech Targeted at Neighbor
Galapo’s neighbor Oberholzer called him a “fucking Jew”; the Galapos “posted twenty-three signs” on their property, facing the Oberholzers’ property.
"Johns Hopkins University Articulates Restrained Approach to Issuing Public Statements"
"[T]he very idea of an 'official' position of the university on a social, scientific, or political issue runs counter to our foundational ethos ...."
Plaintiff Claims P. Diddy's Defamation Damaged Plaintiff's Drug Smuggling Business
Plaintiff says he was "always willing to set up business deals with the rich for drugs."
UCLA Appeals Yesterday's Preliminary Injunction That Ordered It to Avoid Repetition of Exclusion of Jewish or Pro-Israel Students from Parts of Campus
[UPDATE 8/23/24: UCLA has just dropped the appeal.]
"Personal Protection Order" Statute May Be Unconstitutional to the Extent It Authorizes Ex Parte Orders That Restrict Speech
The court is discussing orders "enjoining protected speech or conduct ... without an adversarial hearing or adjudication on the merits that the speech or conduct is not protected."
Limits on Carrying Objects in Marches Near Chicago Convention Aren't Unconstitutionally Vague
“[C]ourts do not use vagueness doctrine to establish a rule that government cannot regulate anything until it classifies everything.”
Court Issues Preliminary Injunction Against UCLA, Stemming from Risk of Repetition of Exclusion of Jewish or Pro-Israel Students from Parts of Campus
If participants in unauthorized encampments exclude Jewish or pro-Israel students from walking in parts of campus, UCLA would then have to close those parts to everyone.
Case Over Handcuffing and 30-Minute Detention of Concealed Carry Permit Holder Can Go Forward
"[A] person in possession of a firearm and a facially valid permit for that firearm had a clearly established right to be free from the kind of forcible and prolonged detention to which Soukaneh was subjected, absent any objective reason to suspect that the permit was forged or otherwise invalid."
State May Not Deny Grants to Charity Based on Its Religious Discrimination in Employment, When
the state had allowed other organizations to get grants despite their discriminating based on race and sex—so suggests the Ninth Circuit in a recent decision granting an injunction pending appeal.
"Why You Should Feel Good About Liberalism" "in the Tradition of Locke, Kant, and the Founders"
"We need to get better at standing up for the greatest social technology ever devised."
Comedian Hannibal Buress's False Arrest Lawsuit Can Go Forward
"Roast[ing]" police officers may not generally be wise, but it is still generally constitutionally protected.
Response to My Motion to Unseal Material in Pennsylvania Sen. Douglas Mastriano's Lawsuit Related to His Ph.D. Thesis
Sen. Mastriano (who is running for reelection to the state senate, and who ran in 2022 for Governor) is suing for, among other things, libel—but trying to keep the allegedly libelous material under seal.
When Is Fighting Back Against a Police Dog Animal Abuse?
Detached reflection cannot be demanded in the presence of an open maw.
"XY Athletes in Women's Olympic Boxing: The Paris 2024 Controversy Explained"
"The historical, political, and medical context of the Imane Khelif and Lin Yu-ting cases."
