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
"To Certify This Class …, the Court Must Find That the Named Plaintiffs Have Retained Competent Counsel to Represent the Class"
And the court declines to so find when the proposed class counsel filed a brief containing "a wholesale fabrication of quotations and a holding on a material issue" (presumably stemming from using AI and not adequately checking its output).
Defamation, Emotional Distress, Racism/Sexism Allegations, and Discovery
"[Defendant ex-employer's] request for all of [plaintiff's] communications containing language that is sexist or racist is overbroad."
Conflict and Loathing Among Signature Gatherers + Battery, Slurs, and Self-Defense
"While Mr. Legorreta may have been calling Cobham an 'asshole' and making other comments, and even if he called Cobham the 'N' word these events do not justify or provide a defense of self-defense."
Illinois Court Dismisses Defamation Suit Based on Allegations that Plaintiff Teacher Was "Anti-White" etc.
The court does, however, leave open the possibility that the plaintiff can file an amended complaint that can go forward.
No Pseudonymity for Vexatious Litigant, Even When She Is Alleging Sexual Assault
"[A]llowing plaintiff to proceed under a pseudonym could enable her to evade judicial oversight under the vexatious litigant rules by obscuring her litigation history and identity across multiple cases."
No Preliminary Injunctions Against Penn's Sanctions on Prof. Amy Wax
"[W]hatever harm she claims, it is not imminent, irreparable harm. Her damages, if any, are monetary damages."
Did Elected Officials Violate First Amendment by Orchestrating Public Criticism of (and Racism Allegations Against) Their Critic?
"[P]ublic condemnations, op-eds, and official complaints ... through proxies are independent constitutional violations" if the officials "engaged in conduct that was motivated by the plaintiff's protected speech and had the requisite chilling effect on First Amendment activity."
Names You Might Not Want to Call a Judge in Court
Django Unchained: An enjoyable movie, but not always the best source of references in the courtroom.
Decisions to Restrict Online Access to Eviction Records Are for Judges, Not for Clerks of Court
So holds the Ohio Supreme Court.
Ninth Circuit: TRO Against President's Federalizing California National Guard Was Likely Improper
The court stays the injunction pending appeal, and in the process concludes the defendants "are likely to succeed on the merits of their appeal."
Court Rejects Lawyer's and Client's Libel Claim Over Inside Higher Ed's Coverage of Title IX Suits
The court appears unmoved by the claim that an earlier ruling sent the "wrong message ... that people of color (all the plaintiffs are Latino) do not have a chance to get their day in this Honorable Court."
News Site Can Be Prosecuted for Publishing Home Addresses of Police, Prosecutors, and Judges
So the New Jersey Supreme Court unanimously held Tuesday; the decision allows civil liability as well as criminal punishment, once the government official demands that the newspaper (or anyone else) stop publishing this information.
Guest-Posting on Today's SCOTUSBlog Live Blog of New S. Ct. Opinions
I'm much looking forward to it!
Restriction on Gun Possession Within 1000 Feet of School Constitutional, at Least When Possessor Is "Behaving Erratically and Menacingly"
The Fifth Circuit hands down a highly fact-specific decision in a Second Amendment challenge to a federal law.
$1.85M Dentist-on-Dentist Defamation Verdict Upheld
An interesting illustration of how big-dollar defamation verdicts can stem not from mass media publications or influencer social media posts, but from employment disputes.
Judge Grants TRO Against President Trump's Federalizing California National Guard [FURTHER UPDATE: Ninth Circuit Grants Stay]
The order is stayed until noon tomorrow (June 13), and I expect the federal government will ask the Ninth Circuit and, if necessary, the Supreme Court for a further emergency stay.
No Sealing in Multi-Billionaire Leon Black's Attempt to Enforce Arbitration Subpoena
"Federal judges and their court staff are not legal pawns to be deployed in secret by wealthy disputants trying to get private answers to their problems."
Federal Court in Colorado Explains TRO Against Immediate Deportation of Mohamed Soliman's Family, Transfers Case to Western District of Texas
Soliman is the man "charged with a horrific June 1, 2025 antisemitic fire-bombing attack 'against a peaceful gathering of individuals commemorating Israeli hostages.'"
