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
Fifth Circuit Panel Reconsidering Part of Its Missouri v. Biden Decision
[UPDATE: Don't blog when tired or in a hurry! I regret to say the original post erroneously said the Fifth Circuit granted rehearing en banc -- the panel just granted panel rehearing, and I've corrected the post accordingly. My apologies for the error.]
Foreigners: When You File in U.S. Courts, You Should Expect U.S. Rules of Public Access to Your Filings
"Plaintiff states that he was not aware that his complaint would be made public, and he suggests that, under Korean law, the personal information of litigants is not made public." But "[w]hether or not he intended to do so, by initiating this action in a United States District Court, Plaintiff has made his name a matter of public record."
Court Refuses to Dismiss Lawsuit Stemming from Parent's Speech About COVID Policies
The parent's comments at a school board meeting led to a "no trespass notice" that blocked him from school district premises (apparently including his children's school).
Are #MeToo Allegations Speech on "Matters of Public Concern"?
The Minnesota Supreme Court says "sometimes," and splits 4-3 in favor of a particular allegation being on matters of public concern.
No, Court Won't Order Removal of Online Copies of the Decision in Your Online Case, Even if
you argue that you're losing job opportunities because employers see that decision.
Prosecutor Linda Fairstein's Libel Lawsuit Over Netflix "Central Park Five" Series ("When They See Us") Can Go Forward
"There is evidence that, by opting to portray Fairstein as the series villain who was intended to embody the perceived injustices of a broader system, defendants reverse-engineered plot points to attribute actions, responsibilities and viewpoints to Fairstein that were not hers and are unsupported in defendants' substantial body of research materials."
University's Denying Fellowship to Student Isn't "Intentional Infliction of Emotional Distress"
And the case in which the student made such a claim can't be sealed, either.
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.'"
