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
The Fifth Circuit on the "Trump Train" / Biden-Harris Bus Lawsuit
The lawyer's true superpower is to turn every case into a case about procedure.
But Is It Art?
What counts as an "artistic work" for purposes of special protection under the Texas anti-SLAPP statute?
Race Discrimination/Harassment Lawsuit Against Seattle Related to Its "Race and Social Justice Initiative" …
can go forward, says a federal court.
Prosecution in Apple's iPads-for-Concealed-Firearms-Licenses Bribery Case Can Go Forward
"This appeal raises a question not yet addressed by any California court: whether a public official may be bribed with a promise to donate to the official's office."
Limits on Using Prior Acquittal of Sexual Assault as Evidence of Guilt in a New Sexual Assault Case
"[T]he Government argue[d] that when considering that the charged offenses occurred after the acquittal, the [appellant's] tactics were emboldened and this factor weighs in favor of admissibility."
Court Reverses Sentence Because of Denial of Allocution
"Federal Rule of Criminal Procedure 32(i) ... commands that the court must address the defendant personally to afford him the chance to speak or present evidence in mitigation."
Court Rejects Lawsuit by Sorority Members Against Sorority for Admitting Transgender Member
The sorority, the court held, had a First Amendment freedom of expressive association right to choose which students to admit (logic that suggests that a sorority would equally be free to exclude transgender members).
Court Rejects RNC's Lawsuit Claiming Google Discriminatorily Treated RNC's Email as Spam
Section 230, the court says, immunizes good-faith attempts to block spam—and RNC didn't introduce enough evidence of bad faith.
No Constitutional Right to Opt out of Sexual-Minority-Themed Curriculum Elements at Public Elementary School
A federal court rejects challengers' Free Exercise Clause and parental rights claims.
Joke "We Need You Brad Pitt" Post at Start of COVID Pandemic Protected by First Amendment
The post led to the author being arrested for "terrorizing"; so clearly unconstitutional that the police officer lacks qualified immunity, says the Fifth Circuit.
No Pseudonymity or Sealing for Japanese User Seeking to Use American Courts to Subpoena Twitter Critics' Names
"Applicant's warning of a prima facie violation of Japanese law's privacy protections fails to constitute a harm severe enough" to justify pseudonymity.
California Public Records Requester Can File Anti-SLAPP Motion Objecting to Attempt to Block Request
The motion allows early dismissal of a lawsuit, here the lawsuit that aimed to block UC Irvine from responding to a public records request from the Center for Scientific Integrity (the Retraction Watch people).
Court Rejects Lawsuit Claiming Police Discriminatorily Refused to Prosecute Rapist
The opinion was decided July 21, but was originally issued sealed; it was just unsealed today, in response to my motion to unseal.
Federal Judge: "Public Interest" Requires That Restrictions on "Medical Misinformation" Not Be Enjoined
So a court concludes in a case brought by presidential candidate Robert F. Kennedy, Jr.
Why We Should Care About Pseudonymity in Litigation
Like other features of legal procedure—such as the jury trial, the mechanism for appointing judges, the availability of appeal—pseudonymity both deeply affects the fairness of litigation and, often, the substantive outcomes.
Lawsuit Over Alec Baldwin's Publicly Labeling Woman "Insurrectionist" for Her Jan. 6 Activities Dismissed by Court
Plaintiffs sued for defamation, and also for negligence and intentional infliction of emotional distress stemming from the comments aroused by Baldwin's posts.
Can Plaintiffs Alleging Rape Sue Pseudonymously?
The question remains unsettled, with lots of courts decisions on both sides.
Public School May Hang "Black Lives Matter" Posters Without Displaying Other Viewpoints
The government gets to pick and choose which speech it displays on its property, and doesn't have to give others a right to reply (except in public fora, which don't include school walls).
Court Reduces $1.4M Verdict to $71.5K in #TheyLied Renaissance Faire Libel Case
Defendant had accused plaintiffs, "the King and Queen of [the Pittsburgh] Renaissance Faire," of failing to properly deal with allegations of sexual harassment, and of retaliating against sexual harassment victims; the jury found that the defendant knew the statements were false, or at least recklessly disregarded the risk of falsehood.
Another Example of a Pro Se Litigant Trying to Use ChatGPT (Unsuccessfully)
Not ChatGPT's fault, but an illustration of how some pro se litigants are trying to use the technology.
American Bar Association Committee Proposes New Protections for "Free Expression of Ideas"
"A law school shall adopt, publish, and adhere to written policies that encourage and support the free expression of ideas" that "[p]rotect the rights of faculty, students, and staff to communicate ideas that may be controversial or unpopular," and "[p]roscribe disruptive conduct that hinders free expression by preventing or substantially interfering with ... classes, meetings, interviews, ceremonies, and public events."
Government Blocking of "Tornado Cash" Cryptocurrency-Related Service Was Legal, Didn't Violate First Amendment
So a federal court held Thursday.
First Amendment Protects Sign at University Saying "God Created Male and Female and Artemis Langford Is a Male"
Langford had been in the news for joining a sorority, which has caused a good deal of controversy at the University of Wyoming.
