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
Latest from Eugene Volokh
Arkansas S. Ct. Vacates Gag Order on Man Accused of Murdering His Teenage Daughter's Alleged Sex Abuser
The order also covered the man's family and public officials, as well as the lawyers in the case.
Chief Judge Steven Colloton Opines That Boycotts of Columbia Might Pose Ethical Problems
But he declines to conclude that another judge, against whom a complaint was lodged over participation in such a boycott, violated the rules.
Women-Only Naked Spa Lacks First Amendment Right to Exclude Transgender Patrons with Penises
So the Ninth Circuit held today, by a 2-1 vote. I tentatively think the majority got it right as a matter of First Amendment law and statutory interpretation, though I think such statutes ought to be written to include some privacy exceptions as to gender identity and not just sex.
Setting the Wayback Machine to 1995: "Cheap Speech and What It Will Do"
What did that 1995 article trying to predict the Internet future get right? More amusingly, what did it get wrong?
Fifth Circuit: Public Libraries May Select or Remove Books Based on Viewpoint
Such removal doesn't violate the First Amendment, the Court holds by a 10-7 vote, because readers don't have a "right to receive information" via government-run libraries.
"Harvard University Loses Student and Exchange Visitor Program Certification for Pro-Terrorist Conduct"
"This means Harvard can no longer enroll foreign students and existing foreign students must transfer or lose their legal status."
Supreme Court Stays Reinstatement of Fired NLRB and MSPB Members
"Because the Constitution vests the executive power in the President, he may remove without cause executive officers who exercise that power on his behalf, subject to narrow exceptions recognized by our precedents."
Submit Your Articles to the Journal of Free Speech Law, Before You Circulate Them to the Law Reviews
We'll give you an answer within 14 days, and we can publish them within several weeks, if you'd like.
Court Allows Lawsuit Over Character.AI Conversations That Allegedly Caused 14-Year-Old's Suicide
In this post, I'll talk about the court's analysis tentatively rejecting the First Amendment defense, an analysis that I think is mistaken (whether or not some tort claims such as these should be allowed despite the First Amendment).
Defamation Suit Over Businessman's Wife Calling Prominent Businesswoman "Prostitute" Dismissed
"No one likes being called names. But not every alleged insult gives rise to a lawsuit in federal court. Especially where Ms. Mai has alleged that she is so important as to be a public figure, yet failed to allege Ms. Elsaden made her allegedly defamatory statement with actual malice."
