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
Journal of Free Speech Law: "Lies and the Law: An Introduction," by Prof. Genevieve Lakier
The final article posted from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Journal of Free Speech Law: "Weaponized from the Beginning," by Prof. John Fabian Witt
The eleventh of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Journal of Free Speech Law: My "When Are Lies Constitutionally Protected?"
The tenth of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Journal of Free Speech Law: "Epistemic Disagreement, Institutional Analysis, and the First Amendment Status of Lies," by Prof. Mark Tushnet
The ninth of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Journal of Free Speech Law: "Democracy Harms and the First Amendment," by Prof. Deborah Pearlstein
The eighth of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Journal of Free Speech Law: "Distrust, Negative First Amendment Theory, and the Regulation of Lies," by Prof. Helen Norton
The seventh of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Minor Third-Order-Procedure Decision in Walters v. OpenAI Large Libel Models Lawsuit
Procedure about procedure about procedure.
Journal of Free Speech Law: "Anonymity, Identity, and Lies," by Prof. Artur Pericles L. Monteiro
The sixth of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
No Right to Be Forgotten for Defendant in Civil Case
"To the extent that Kavadia asks the Court to order that public reporting about this case be removed from the Internet, such an order would blatantly violate the First Amendment."
Journal of Free Speech Law: "Fake News, Lies, and Other Familiar Problems," by Prof. Sam Lebovic
The fifth of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Journal of Free Speech Law: "Protecting Public Knowledge Producers," by Prof. Heidi Kitrosser
The third of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Journal of Free Speech Law: "Government Counterspeech," by Prof. Jamal Greene
The third of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Missouri Government Agency Threatening to Sue Critic for Libel
But lawsuits for libeling the government do not "have any place in the American system of jurisprudence."
Journal of Free Speech Law: "What's the Harm?," by Profs. Adam Enders & Joseph Uscinski
The second of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Call to "Update Free Speech Policies" to Address Supposed Hate Speech at Public University
I'm against it, whomever it's coming from.
C.A.V.
What does this bit of legalese mean?
Journal of Free Speech Law: "Investigative Deception Across Social Contexts," by Prof. Alan Chen
The first of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Thursday Open Thread
UPDATE: Sorry, inadvertently scheduled two threads for this morning; please post to the other one instead.
State Employer's Requiring Employees to Watch "Antiracist"/"Gender Identity" Videos Isn't Unconstitutional Speech Compulsion
But plaintiff's claim that he was retaliated against for raising religious objections to the training, and discriminated against based on religion as to promotion, can go forward.
Free Speech Unmuted: Free Speech, Government Persuasion, and Government Coercion
Prof. Jane Bambauer and I discuss Murthy v. Missouri (the former Missouri v. Biden).
Private Employee's Claim That She Was Fired for Peacefully Attending Jan. 6 Events Can Go Forward,
under California statutes that protect private employees' political activity; the plaintiff claimed that "[s]he listened to speeches being made and walked to the Capitol, and then she left," and "did not participate in any rioting."
Can't Sue In-Laws for "Undermining" Marriage and Thus Tortiously Inducing Breach of Marriage Contract
This used to be possible under the old "alienation of affections" tort, but all but a handful of states have abolished it, and the tortious inducement of breach of contract tort can't fill that gap.
Florida Court Reverses Anti-Libel Injunction Entered During Discovery Dispute
Florida appellate courts are pretty good about reversing unconstitutional injunctions against speech (though Florida trial courts seem to be pretty willing to enter such injunctions).
Court Allows Media to Intervene to Unseal Documents in Lottery Winner's Lawsuit
The lottery winner is suing an ex-girlfriend based on a non-disclosure agreement aimed at concealing his identity. (The intervention, at this point, is aimed at just unsealing various sealed documents in the case, not at disclosing the parties' names.)
"Spam Private Eye" Can't Constitutionally Be Required to Get Real Private Eye License,
at least when the license requires 6000 hours of training on matters far removed from his expertise.
