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
Notre Dame Professor's Lawyers Argue: Student Newspaper's Mission to Defend Notre Dame's Catholic Character Means …
that it’s probably not “‘trying to advance the public exchange of ideas’ essential to a healthy democracy.”
Professor's Lawyers Argue: Private University Student Newspapers Are "Not Entitled to First Amendment Protection"
The lawyers also argue that the speech in the newspaper was “not made pursuant to its right of free speech, but to instead to advance the personal agendas of male faculty members at Notre Dame [and others].”
No Sealing for Defendant After Pro Se Plaintiffs' Sex Trafficking Allegations Were Dismissed
A good illustration of the strong policy of openness in American court cases, even when defendants argue that unfounded allegations in court records are intruding on their privacy and damaging their reputations.
May Court Suspend Father's Supervised Parenting Time Until Father Gives Password to Thumb Drives That Might (or Might Not) Contain Child Pornography?
The father had an earlier history of sexually assaulting children.
"Purported Robberies Were Staged" to Support "Fraudulent Visa Applications"
A system for encouraging cooperation by crime victims was allegedly turned into a means of producing visa fraud.
News Website Publisher Gets Harassment Restraining Order Against Insistent Seeker of Coverage
The trial court found that "Decker continued contacting Siewert after she had asked him to stop five times" and "Decker's intent was to impose his will on Siewert to make her write about certain issues and to cover those issues in the way that he wanted them covered."
"[Mother] Shall Not Post on Social Media About [Her Parental Rights Termination] Case"
A Florida appellate court just overturned the injunction on First Amendment grounds.
Monday Open Thread
"С новым годом, с новым счастьем"—to the new year, to the new happiness!
Institute for Justice: Totally Worth Your Donations
As I've mentioned before, it's one of the public interest law firms that I admire most.
Court Rejects Fan's Libel Claims Against L.A. Clippers Player Russell Westbrook and the Utah Jazz
Westbrook and the Jazz characterized the fan's insults to Westbrook as racist; in context, the court concluded, these were constitutionally protected statements of opinion.
In Which States Is an Employee Protected from Firing for Making and Posting Porn Videos Off-Duty?
Colorado, North Dakota, probably Montana, and maybe New York.
Nebraska Court Upholds Order That Father Not Take Son to Sweat Lodge
The court is silent on whether it would be OK to take him to Houston in July.
First Amendment Likely Protects Even Unlicensed Engineers' Right to Provide Expert Opinion in Government Proceedings
(Note that the court dealt with a professional licensing board's threat of punishment for such engineers; it doesn't deal with the separate question whether a government body may refuse to accept testimony from an unlicensed expert.)
Tweet Accusing Man of Rape Led to Gag Order Against the Accuser
The trial judge concluded the Tweet was “harassment by defamation.”
New Yorker Article Seems to Misdescribe S. Ct.'s Decision on School Library Book Removal
The article claims that a prohibition on viewpoint-based removals of school library books is "settled law" announced by a "majority opinion." But that's not so.
Adam Unikowsky: "Is the Supreme Court Seriously Going to Disqualify Trump? (Redux)"
"The chances are still low, but improving."
