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. He is also the co-host of the Free Speech Unmuted podcast.
Eugene Volokh
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Court Rejects Facial Challenge to Iowa Law Barring Public School K-6 Programming Related to "Gender Identity or Sexual Orientation"
The law provides, "A school district shall not provide any program, curriculum, test, survey, questionnaire, promotion, or instruction relating to gender identity or sexual orientation to students in kindergarten through grade six." The court held this wasn't unconstitutionally overbroad.
Mesa County Clerk Sentence Violated First Amendment by Relying on "Her Protected Speech Regarding Allegations of Election Fraud"
But the underlying conviction, for false statements related to getting someone access to Dominion Voting Systems election equipment, was upheld.
$55K Sanctions Related in Part to AI-Hallucination-Filled Court Filings
"Though referred to the Alabama State Bar for any disposition it deems appropriate, the undersigned regrettably recommends" that the lawyer "be found incompetent to practice law."
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Accusation of "Sexual Abuse and Sexual Violence" for Allegedly Nonconsensually Posting Bondage Pictures May Be Defamatory
"Doe's assertion that distribution of intimate photos without consent has been considered sexual abuse and sexual violence, and therefore, his website is truthful ... presents factual issues, the resolution of which is not appropriate at the motion to dismiss stage."
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Foreign Law in American Courts
"There Is Evidence That This Particular Proceeding Before the Beijing Court Was Dominated by the" Chinese Communist Party,
holds a federal court in declining to enforce the Beijing judgment, and in therefore concluding that Stanford holds title to documents donated to the Hoover Institution by a Chinese Mao-era dissident.
No First Amendment Exception for Professional-Client Speech: States Can't Ban "Conversion Therapy" Speech for Minors
So the Supreme Court held today.
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"Reckless, to Be Sure. Stupid." "But Mere Reckless Stupidity Does Not a Malicious Federal Arsonist Make"
A court sets aside a federal arson conviction (which would have carried a "mandatory minimum sentence" of "seven years") for a fan's throwing flares at a soccer stadium and causing minor damage and a minor injury.
No Preliminary Injunction Over Residents' Claim That S.F. Failed to Adequately Police Tenderloin Sidewalks
"[P]laintiffs have failed to respond to the City's evidence that changes in its policies have actually improved conditions in the Tenderloin such that Plaintiffs are no longer at risk of the harms they cited in their motion."
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Former Fox Anchor Andrea Tantaros's Court Filings Contained Inaccurate Citations; Court Suspects AI Hallucinations
Tantaros is representing herself in a lawsuit against Fox and, among others, ex-Senator Scott Brown, alleging sexual harassment and other claims.
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Khan v. Yale University #TheyLied Case Dismissed Because of Plaintiff's "Egregious" Litigation Misconduct
Not the misconduct itself, but noted in the court's opinion as one of the items plaintiff had sought to withhold from discovery: "During a separate text conversation on May 11, 2018, Plaintiff texted Mr. Roe: 'If I had 5 dollars for every gender, I would have 5 dollars coz women are objects.'"
Theranos Fraudster Elizabeth Holmes' Sentence Reduced by 1 Year
This was called for, the court held, by a new retroactive sentencing guideline that allows such a reduction when a defendant "did not personally cause substantial hardship."
