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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Plaintiff Can Add Claims to Case Alleging Carnegie Mellon Prof Said Time on Jewish-Related Project "Would Have Been Better Spent" Exploring "What Jews Do to Make Themselves Such a Hated Group"
One claim is that CMU's Chief Diversity Officer illegally recorded meeting with student and the accused professor—and then apparently "asserted her Fifth Amendment rights when ... asked her if she did so or if she had a pattern or practice of recording student meetings, without their consent, in the scope of her duties."
Seventh Circuit Rejects Claim That Eviction for Flying Palestinian Flag Violated Discrimination Law
The apartment building owner told plaintiff "to take the flag down pursuant to a policy that the building would stay 'neutral' amidst the Israel-Palestine conflict."
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Lawyer Hijinks in Laura Loomer's and Bill Maher's Deposition
The magistrate judge is not amused.
Journal of Free Speech Law: "Gitlow as a Guide to Holmes," by Joseph Blocher
From the "Gitlow v. New York at 100" symposium, held this year at the Arizona State University Sandra Day O'Connor College of Law; other papers from that symposium will be published shortly.
Anti-Stalking Injunction Requires More Than Just a Showing of "Being Weirded Out or Uncomfortable"
"[Appellants'] homemade signs talked about May being mental health awareness month, one referenced the movie One Flew Over the Cuckoo's Nest and included a photograph of actor Jack Nicholson, one mentioned perimenopause and empty nest syndrome, one said '[h]ere comes da judge' around the time that Appellee had a divorce hearing .... Another sign included the language '[h]ere's looking at you kid' and contained a photo of Humphrey Bogart."
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Free Speech Unmuted: Defamation Law in the Age of AI with Lyrissa Lidsky
My cohost Jane Bambauer and I are joined by Prof. Lyrissa Lidsky (Florida), who is also a co-reporter for the American Law Institute's Restatement (Third) of Torts: Defamation and Privacy.
Journal of Free Speech Law: "Free Speech and Incorporation: A Reassessment," by Ilan Wurman
From the "Gitlow v. New York at 100" symposium, held this year at the Arizona State University Sandra Day O'Connor College of Law; other papers from that symposium will be published shortly.
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Journal of Free Speech Law: "What Did Gitlow Do?," by James Stern
From the "Gitlow v. New York at 100" symposium, held this year at the Arizona State University Sandra Day O'Connor College of Law; other papers from that symposium will be published here in the coming weeks.
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Second Circuit Upholds Injunction Protecting Speech About "Abortion Pill Reversal"
Such speech by the National Institute of Family & Life Advocates in this case, the court concluded, was noncommercial speech that was subject to broad First Amendment protection, rather than less protected "commercial speech."
Journal of Free Speech Law: "Suspicion, Deference, and the First Amendment," by Helen Norton
From the "Gitlow v. New York at 100" symposium, held this year at the Arizona State University Sandra Day O'Connor College of Law; other papers from that symposium will be published here in the coming weeks.
Showing Plaintiffs' House in an Ad for Netflix Real Estate Reality Show Isn't Actionable Invasion of Privacy,
even if it leads people "to visit plaintiffs’ home 'on a daily basis' asking to see it and claiming they learned it was for sale through the Buying Beverly Hills advertisement."
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Journal of Free Speech Law: "The Enigma of Gitlow: Positivism, Liberty, Democracy, and Freedom of Speech," by Robert Post
The keynote address from the "Gitlow v. New York at 100" symposium, held this year at the Arizona State University Sandra Day O'Connor College of Law; other papers from that symposium will be published here in the coming weeks.
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Councilman's Threatening Outside Counsel Law Firm into Firing Attorney May Violate First Amendment
"A Nashville city councilman threatened to withdraw business from a law firm, which served as the city's outside counsel, due to the position one of its attorneys took as the chair of the county election commission on a tax referendum."
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"Spy" vs. "Spy" (+ Piers Morgan, President Biden, and the Iranian Nuclear Weapons Program)
If someone was prosecuted (and later pardoned) for being an unregistered foreign agent for Iran, is it defamatory to say he was prosecuted for "spying"?
