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
Misinformation Expert's "Citation to Fake, AI-Generated Sources in His Declaration … Shatters His Credibility with This Court"
"[A] credentialed expert on the dangers of AI and misinformation, has fallen victim to the siren call of relying too heavily on AI—in a case that revolves around the dangers of AI, no less."
No Pseudonymity and Sealing in Wrongful Death Lawsuit Over Man's Apparent Suicide, Despite …
wife's concern "about public embarrassment and potential harm to Decedent's surviving children."
Smartmatic's Defamation Suit Against Fox Corp. (and Not Just Fox News) Can Go Forward
"[P]laintiffs ... allege[] that ... [Fox Corp.] 'actively participated in, directed, and controlled the publication' of the above defamatory statements composed and broadcast by the other defendants."
Nate Silver on "The Rise and Fall of 'Fact-Checking'"
"'Fact-checkers' as the high priests of journalism had a political beginning at Facebook — and have met a political end."
What It Takes to Allege "Actual Malice" in #TheyLied Libel-by-Accusation-of-Sexual-Assault Claims
Generally, when defendants made factual accusations based on what they said was personal knowledge, it's enough that plaintiff swear the statements are false, so it can be inferred that they are knowingly false. If that happens, it's usually up to the jury to decide who's telling the truth.
Midweek Midday Open Thread
Experimenting with a new time for an open thread; hope you folks enjoy it!
Defamation Lawsuit Over Statements Related to 2020 Georgia Ballot Counting Controversy Dismissed
The lawsuit is brought by Jacki Pick against Georgia Secretary of State Brad Raffensperger, based on statement in Raffensperger's book, Integrity Counts.
Challenge to California Policy Limiting Teachers' Disclosure to Parents of Student's Changed Gender Identity …
can proceed (under the First Amendment and under parental constitutional rights law), the court says, though there's no actual decision on whether the plaintiffs (parents and teachers) will prevail.
Is Threatening to Kill Jews Generally—with No Person or Institution Specifically Named—Punishable?
Not under California law, a court says. (Federal law and the law in other states may be different.)
Court Rejects Title VI Lawsuit Over Alleged Anti-Semitism at Haverford College
"As a result of Plaintiffs' scattered pleading, any serious allegations of actionable discrimination are buried as needles within a haystack of distraction."
Ohio Court Strikes Down Categorical Prohibition on Gun Possession by People Under Indictment
A few months ago, the Sixth Circuit upheld the federal categorical prohibition on gun acquisition and transportation by people under indictment.
Federal Court Declines to Issue Harassment Restraining Order Related to Crypto Litigation
An interesting window into how courts sometimes think about such requests; this decision turned heavily on the fact that plaintiff had already gotten a state court harassment restraining order against the defendant.
Punishing Revenge Porn as (Federal) Criminal Libel
It doesn't always work, but it worked on the facts of this case.
Former Democratic Socialist Houston Judge Franklin Bynum Reprimanded by Texas Judicial Disciplinary Board, for …
what the board finds to be willful violations of the law, bias against domestic violence victims, and, among other things, having "selfie while wearing a 'Defund Police' t-shirt ... on his Twitter feed."
Aggregate Two-Party House of Representatives Vote Was 51.36% Republican, Yielding 50.57% of House Seats
The 51.36% fraction is of the voters who voted either Democrat or Republican.
Federal Court Decides on How Lockerbie Crash Victims' Relatives Can View Accused Terrorist's Criminal Trial Remotely
The court "grant[s] victims access to non-evidentiary pretrial proceedings from their homes and offices by Zoom and telephone, as well as access to livestreamed video and audio feeds of evidentiary and trial proceedings in courthouses across the United States and other secure, monitored locations around the world."
"He Admitted Receiving the Password" for the Laptop, but "It Took Him Over an Hour to Log In"
Defamation litigation ensues.
Shareholder Derivative Lawsuit Against Fox Officers and Directors Over Fox $787M Libel Settlement Can Go Forward
"[T]he complaint alleges facts sufficient to raise a reasonable doubt that at least three other directors lack independence from Murdoch."
