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
Journal of Free Speech Law: "Opening Dialogue" (The Future of Free Speech Symposium) by Lee C. Bollinger & Geoffrey R. Stone
The introduction to a symposium reprinted from Daedalus, the Journal of the American Academy of Arts and Sciences.
Young Kansas City Chiefs Fan's (and Family's) Defamation Lawsuit Against Deadspin Based on Blackface Allegations Can Go Forward
To support the Chiefs, the young fan "wore Native American headdress, painted his face black and red, and donned a Chiefs jersey"; Deadspin said this was "black face" and showed "hate" towards "Black people and the Native Americans."
Tuesday Media Recommendations: Nonfiction History Books
Post your recommendations in the comments; other weeks, there'll be other posts for other topics and other formats.
Unethical for Lawyers to Tell Clients Their Judges May Be Biased Based on Race, Sex, Etc.?
"The judge soon learned that, in a recorded conversation between defense counsel and the defendant, the attorney had referred to the age, race, political affiliation, and gender of the court's judges, and suggested that the court 'should look a little bit more like the people that are in front of them.' The attorney also suggested that the defendant would not receive a fair trial from the court's judges, who are a different race and gender from the defendant. Finally, the attorney used a pejorative term, drawing on racial and gender stereotypes, to refer to the complainant."
University Doctor's Financial/Sexual/Mentoring Arrangement with Non-Student Leads to Title IX Claim
Not a student or "bona fide intern[]," no Title IX claim, the judge concludes.
Insulting Anti-Gay Preaching at PrideFest Event May Have Been Protected by the First Amendment
(depending on whether the preacher also violated content-neutral conduct restrictions).
Judge Blocks California Law Restricting "Materially Deceptive" Election-Related Deepfakes
The judge concluded that the law, AB 2839, likely violates the First Amendment, and therefore issued a preliminary injunction blocking it from going into effect.
"[T]his Is a Matter of Law, Not of Wounded Feelings": Univ. of Maryland May Not Ban All Oct. 7 Demonstrations …
as a means of stopping an anti-Israel "vigil" organized by the UMD chapter of Students for Justice in Palestine.
Tuesday Media Recommendations: General Fiction (not Historical, SF, Fantasy, Mystery, or Detective)
Post your recommendations in the comments; other weeks, there'll be other posts for other genres and other formats.
5 Years in Prison for "Concealing Material Support to Hamas"
The defendant had also posted (in 2019), "I'm gonna go to the [expletive] pro-Israel march and I'm going to shoot everybody" and other such statements.
MSNBC Pundit's Tweet Accusing Lawyer of "Coach[ing a Witness] to Lie" Is a Potentially Defamatory Factual Assertion, Not an Opinion
Plaintiff (Stefan Passantino, Cassidy Hutchinson's former lawyer) may thus eventually prevail, if the claim is shown to be false, and if the defendant is shown to have spoken with "actual malice" (if plaintiff is a public figure) or negligently (if plaintiff is a private figure).
Criminal Conviction Based on "Only Women Can Be Mothers" and "'Transing' Kids Is Abuse and Homophobia" Signs, …
displayed on defendant's car and on her fence facing neighbors who have a transgender child; an appellate court reverses the conviction on procedural grounds, without resolving the First Amendment issue.
UNM Policy Used to Charge High Security Fees for Riley Gaines Talk Struck Down
The case was brought by Turning Point USA over the University of New Mexico's decision to charge over $5K (originally planned to be over $10K).
Challenge to Nassau County Anti-Mask Ordinance Fizzles, Because …
(1) the particular plaintiffs, who wore masks for health reasons, were excluded from the ordinance's operation, and (2) the risk that officials would misapply the ordinance to them wasn't sufficient to give them preenforcement standing.
Tuesday Media Recommendations: Mystery and Detective Books
Post your recommendations in the comments; other weeks, there'll be other posts for other genres and other formats.
State Constitution Tool
A great free resource for lawyers, judges, academics, and students doing cross-state constitutional law research.
Mother's Derogating Father to Children Leads Appeals Court to Order That Father Get Custody,
Reversing a trial court decision that awarded custody to mother.
Fired College Security Chief's Libel Claim (Over Allegations That He Mistreated Black Alumnus) Can Go Forward
The court concluded that the Director of Safety and Security at a small private college didn't qualify as a "public official or public figure" for purposes of the state's anti-SLAPP statute.
Court Allows Plaintiff to Proceed Pseudonymously, Without Disclosing Name to Defendant
The court stresses, though, that "The complaint includes no claims brought solely on behalf of Plaintiff Doe," and "Based on the description of the claims, including when and where the alleged vandalism took place and photographs of the vandalism, it appears defendants could adequately defend themselves against the claims without knowing Plaintiff Doe's identity."
