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
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.
Bakers Lose in Oregon Case, But Wedding Singers / Painters / Photographers Might Win
The Oregon Court of Appeals upholds a $135,000 damages award imposed on Sweetcakes by Melissa for its owners' refusal to make a cake for a same-sex wedding.
Your Information Is Criminal! Incompetent! Unchaste!
What does the phrase "libel of information" mean?
No Lawsuits for Negligent Lobbying
A woman is injured in a car accident supposedly because of bad roadway design decision (a dangerous cut in the median) -- so she sues business that had lobbied county to make that decision.
Short Circuit: A roundup of recent federal court decisions
Jailed for short-term house rental, tased for dialing 911, and tortured for opposing eminent domain
Family Court Must Not Discriminate Against Religious Schooling
Nevada Supreme Court holds that trial court wrongly rejected father's preference for religious schooling just because of mother's religious objection.
How Controversial Chinese Billionaire Founder of Faraday Future Got a Gag Order Against Critic
Jia Yueting got an injunction from a Washington state court, forbidding critic Gu Yingqiong from "publish[ing] any posts or [online] commentary concerning" Jia.
If BYOB Is Legally Allowed at Strip Clubs, They Have a First Amendment Right to Advertise It
So held a federal court in New Jersey yesterday (GJJM Enterprises, Inc. v. City of Atlantic City).
Court Throws Out Libel Lawsuit Brought by Open Source Security
Bruce Perens' claimed that Open Source Security's license violates the GPL open-source license agreement; that's protected opinion, the court said.
Court Reaffirms: H.S. Athlete Likely Has Right to Kneel During National Anthem
A Federal district court grants a preliminary injunction in V.A. v. San Pasqual Valley Unified School District.
"Sometimes Contrarian. Often Libertarian. Always Independent."
Some of us are libertarian, some conservative, some moderate, many a mix -- but all are independent of Reason's editorial line (such as it is) or of any dictates from me or from each other. Expect many departures from libertarian orthodoxies.
How Does He Know If You've Been Bad or Good?
This was supposedly written for and sung at a US Department of Justice, Office of Legal Counsel Christmas party during the Carter administration -- please let me know if you have more precise attribution.
Former Journalist Sentenced to 5 Years in Case Involving Bomb Threats Against Jewish Institutions
Juan Thompson started with a campaign of falsehoods aimed at his ex-girlfriend, and added the death "either to implicate [her] as the source of the threats or to accuse [her] of falsely accusing him of the threats."
The Duty to Retreat in the Founding Era
The stand your ground / duty to retreat debate has been around in the U.S. since the very beginning.
D.C. Allowed to Exclude Religious Ads from Buses
Seems inconsistent with a 1995 Supreme Court precedent, but the D.C. federal court allowed this, and the D.C. Circuit seems to agree.
Can Public Display of Pictures of Nudity Be Criminalized?
It turns out the Supreme Court has dealt with the question, in Erznoznik v. City of Jacksonville (1975).
