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
Justice Alito: No Need to Recuse When Justice Has Been Interviewed by a Lawyer (or by Employee of Party) in a Pending Case
The matter involves a Wall Street Journal interview of Justice Alito, which didn't discuss the case in which one of the interviewers is a party.
Thursday Open Thread
What's on your mind?
Posting Condemnation of Ex-Husband, Urging Viewers to Contact Him, Is Protected by First Amendment
So says the New Jersey intermediate appellate court, in a case involving a Jewish wife who was claiming her husband refused to give her a "get" (a Jewish religious divorce).
Harriet McConnell Retford on Arizona v. Navajo Nation
"[The decision] showcases the now-familiar contrast between the Court’s two different approaches to conservative jurisprudence: the strict formalism of Justice Gorsuch—a stern insistence that the United States live up to the letter of its legal obligations come hell or high water—as opposed to the status-quo, stare decisis driven conservative jurisprudence of Justice Kavanagh and Chief Justice Roberts."
Prof. Todd Henderson (Chicago) on Arizona v. Navajo Nation
"[T]he Court held that despite being a 'trustee' for the Navajo Nation and despite having promised the Navajo water sufficient to make its lands productive, the United States does not have an obligation to help the Navajo obtain that water."
May a Judge Sanction Lawyers by Requiring Them to Get Remedial Training from a Particular Ideological Organization?
An important question, whether the judge orders lawyers to be trained on religious liberty by the Alliance Defending Freedom, on transgender rights by Lambda Legal, or on race discrimination law by the ACLU.
Arkansas Social Media Age Verification Law Likely Violates First Amendment
So concludes a federal judge, issuing a preliminary injunction against enforcement of the law.
Texas S. Ct. Refuses to Block "Gag Order" on Senators Judging Impeachment of Attorney General Paxton
One Justice dissents, with a detailed opinion.
Organization Serving Disabled People Claims Newspaper Discriminatorily Targeted It for Criticism
A N.J. judge has thrown out the lawsuit, on the narrow grounds that, even if the newspaper deliberately discouraged people from attending the group's charity gala, the N.J. Law Against Discrimination doesn't apply to charity galas.
Cardi B's "Wet Ass Pussy" Doesn't Infringe Plaintiff's Song
"The concept of using 'p**** so wet' as a rhetorical device in a song is neither original nor unique to Plaintiff, and, in any event, '[c]opyright does not protect ideas or themes.'"
Texas Law Mandating Age Verification for Sexually Themed Sites Violates First Amendment,
a federal judge held today.
Firing Based on Employee's Pre-Employment Social Media Posts Leads to Discrimination Lawsuit;
federal court allows the case to go forward.
Criticizing Business on TikTok Can't Lead to Anti-Harassment Order, Even When Criticism …
leads some readers to engage in "threats and harassment" against the business.
Can Florida Homeowners Shoot Looters Who Break Into Their Houses (as Ron DeSantis Mentioned) or Businesses?
"I've seen signs in different people's yards in the past after these disasters, ... 'You loot, we shoot.' ... You never know what's behind that door."
Massive Sanctions Against Rudy Giuliani for "Willful Shirking of His Discovery Obligations" in Libel Lawsuit Against Him
Among other things, "Default judgment will be entered against Giuliani as a discovery sanction ..., holding him civilly liable on plaintiffs' defamation, intentional infliction of emotional distress, civil conspiracy, and punitive damage claims ...."
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.
