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
"[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."
Parent's Claim Over School Board Meeting Attendance Ban Can Go Forward
The matter stems from a controversy over books with sexual content in the school library, and the parent's shouting that school board members "should be arrested."
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Media Matters Acted Too Late in Moving in U.S. Court to Block X's Irish Lawsuit
The lawsuit stems from Media Matters' claim that X's "content moderation policies permitted the placement of 'pro-Nazi' content next to advertisements for major brands."
N.Y. State Police Attempt to Get "Red Flag" Gun Ban Order Against 11-Year-Old Girl Was "Legally Frivolous," "Needlessly Risk[ed] Further Injury"
The basis for the attempt was that the girl had texted a classmate that she was thinking of hanging herself.
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UW Professor's Parody of Land Acknowledgment in Class Syllabus Protected by First Amendment
"[I]n the public university setting, student disagreement with a professor's academic speech on an issue of public concern cannot alter the Pickering analysis in the government's favor."
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18-Month Sentence for Anti-Asian/Anti-Gay Threats Sent by Montana State Univ. Chinese Culture Club President
(Not the Chinese Boy George.)
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Suspicion That Man Fiddling with Phone Might Be "Filming School Children" Doesn't Justify Detention by Police
"To hold otherwise would allow police officers to demand identification from anyone near a school while using a smartphone—parents taking first-day-of-school videos, a grandparent trying to pull up directions while in the school drop-off line, or dog walkers holding their phone near their chest."
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Mother's Telling Children She Thinks Thor Actor Chris Hemworth Is Their "Spiritual Father" Didn't Preclude Award of Custody to Her
"There was also evidence presented regarding Liza's alleged delusional thinking and hallucinations. Eli testified that Liza told him Kenneth was his physical father, but actor Chris Hemsworth was his spiritual father. Eli also testified that for years Liza had talked about having another daughter someday, whom she would name Phoebe, and Hemsworth would be the father. Brigham testified that Liza told him she believed Hemsworth was the children's father." Plus unschooling, unbathing, and more.
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