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
Allegedly False Rape Accusations as Sexual Harassment for Title IX Purposes
"[P]ersistent and unfounded branding of a man as a 'rapist' cannot be easily dismissed as anything other than sex-based harassment."
Second Circuit Allows Claim That "Implicit Bias Trainings" Constituted Racial Harassment
The court concluded that the plaintiff, a former New York City educator and administrator, presented enough of a case to go to the jury.
Avoid Super-Embarrassing Redaction Failures
I just saw one in a recent filing from an AmLaw top 20 law firm (by gross revenue rankings).
Free Speech Unmuted: Kimmel, the FCC, and the Government's Power Over Broadcast Speech, with Prof. Ash Bhagwat (UC Davis)
Ash Bhagwat is an expert on federal communications law, as well as on the First Amendment; he is also Jane Bambauer's and my co-Executive-Editor on the Journal of Free Speech Law.
From Prison to Helping the FBI to an Apple TV Miniseries … to Google-Hallucinated Libel?
Jimmy Keene, on whom the Apple TV miniseries Black Bird was based, sues Google alleging its AI hallucinated accusations that he's a convicted murderer serving a life sentence.
May a Guardian Get a Divorce on Behalf of a Mentally Incapacitated Adult?
"Marriage pre-dates and transcends our law (and will post-date our law, I expect)."
Judge Strikes Trump's Complaint in Libel Lawsuit Against N.Y. Times
"The complaint continues ... with much more, persistently alleged in abundant, florid, and enervating detail." "[A] complaint is not a public forum for vituperation and invective—not a protected platform to rage against an adversary. A complaint is not a megaphone for public relations or a podium for a passionate oration at a political rally or the functional equivalent of the Hyde Park Speakers' Corner."
Court Upholds Florida School District's June 2020 Decision to Cancel Food Supply Contract with Farm Whose Owner Viewed as Covid as Hoax
"[T]he evidence shows that the school system's interests in food safety were the reasons for its decision to break ties with Oakes Farms—not its bare disagreement with [owner's] political views."
David Cole Said It Would Be Like This: The ACLU's Smart Move in Representing the NRA in NRA v. Vullo
The right would likewise be smart in protecting speech on the left today.
Accused Buffalo Mass Shooter's Speech Wasn't "Incitement" Under First Amendment Rules
So holds the judge in rejecting this as an aggravating factor in the government's death penalty case, though many other aggravating factors remain.
AG Pam Bondi Says "We Can Prosecute You" for Refusing to Print Posters for Charlie Kirk Vigil
But there doesn't seem to be any federal law actually authorizing such prosecutions (or civil lawsuits).
