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
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Requiring Registered Sex Offenders to Post Signs on Halloween Saying "No Candy or Treats at This Residence"
unconstitutionally compels speech, says the Eighth Circuit federal court of appeals.
Second Amendment Protects Right to Open Carry, Ninth Circuit Panel Holds (2-1)
If the decision doesn't go en banc, it may go to the Supreme Court, because the Second Circuit held the opposite (and there's thus a circuit split).
Suit Alleging Retaliatory Police Mislabeling as Repeat Violent Offender Can Go Forward
Plaintiff claims his actual offenses were a curfew violation during 2020 protests and spitting on FBI agent.
Presence of Probable Cause Precludes Claim That Immigration Arrest Was Retaliation for First-Amendment-Protected Speech
So concludes a federal district in Louisiana, disagreeing with a Ninth Circuit panel.
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January 11, the Russo-Ukrainian War Will Be as Long as World War II Was for Russia
Thanks to my father Vladimir for pointing this out.
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Man Who Had Pleaded Guilty to Felony Forgery of Court Orders Sues Over Being Called "Convicted Felon"
From a Justice Department press release as to the original forgery: "Michael Arnstein's blatant criminal scheme to exploit the authority of the federal judiciary for his company's benefit was outrageous. As Arnstein has learned, his attempts to remove negative reviews about his business from Google search results by forging a U.S. District Court judge's signature may have worked in the short term, but it also earned him nine months in a federal prison."
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School Employees' Lawsuit Claiming "Equity Training" Violated First Amendment Can Go Forward
So holds a majority of the Eighth Circuit federal court of appeals, sitting en banc.
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![alexis_15-22_MRO_D6A3634web[1]](https://d2eehagpk5cl65.cloudfront.net/img/c331x186-w331-q60/uploads/2025/12/alexis_15-22_MRO_D6A3634web1-331x186.jpg)
Journal of Free Speech Law: "The Curious Case of Benjamin Gitlow," by Ronald K.L. Collins
From the "Gitlow v. New York at 100" symposium, held this year at the Arizona State University Sandra Day O'Connor College of Law.
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"[T]he First and Fifth Amendments Require ICE to Provide Information About the Whereabouts of a Detained Person"
ICE Salt Lake City apparently isn't answering its phone.
Journal of Free Speech Law: "Representing Benjamin Gitlow: Charles Recht and Walter Nelles," by Eric Easton
From the "Gitlow v. New York at 100" symposium, held this year at the Arizona State University Sandra Day O'Connor College of Law.
Trial Court Had Ordered Mother to Only Call Son by First Name (Javier), not Middle Name (Reece), in Public
But the Colorado Court of Appeals just reversed that, in part on First Amendment grounds.
Were Statements in Roblox Chats About "Deal[ing] a Grievous Wound upon the Followers of the Cross" True Threats of Violence?
No, a district court held earlier this month, because they were made "while playing an online video game, speaking as a character, among other players who were similarly acting as characters in a virtual Church."
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How Does He Know When You've Been Bad or Good?
Thought I'd reprise a post that I'd put up a couple of times before.
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Evidence of Plaintiff's Suicide Excluded in Lawsuit Alleging Threats of Prosecution Aimed at Censoring His Posts About High School Girls' Bathrooms
"Plaintiff has not alleged that Defendants' conduct caused a mental condition in which Mr. McBreairty could not control his suicidal impulses."
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Volokh Conspiracy Commenter ReaderY Makes The Big Time!
Comment on this blog = reaction "from the Stanford Law School" = "negative reaction of the legal community."
