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
Taboos in Universities, Against Displaying Certain Images and Quoting Certain Words
"Dr. Kostihova compared showing the image [of Muhammed] to using a racial epithet for Black people ...."
"Father Has Held Himself Out as 'the Father,' … But Father Has Also Referred to Himself as 'the Mother'"
Of course, as usual, the resolution of this questions turns on a question of procedure.
Jen Psaki Was "Apex" Official Who Should Generally Not Be Subject to a Deposition
This is in Missouri's and Louisiana's suit alleging various government officials "are infringing the First Amendment by coercing social media platforms to censor speech."
Court Upholds Law Excluding Male-to-Female Transgender Athletes from Girls' Sports
"The state is permitted to legislate sports rules on this basis because sex, and the physical characteristics that flow from it, are substantially related to athletic performance and fairness in sports."
Dismissing Volunteer City Advisory Board Appointee for Alleged Antifa Links Doesn't Violate First Amendment
The same would apply for other speech or political association, because "political affiliation [was] an appropriate requirement for the effective performance of the public office involved."
Ex-Con Hired as Law Clerk for Michigan Supreme Court Justice, Then Resigns After Controversy Arises
The law clerk robbed a store and shot at police officers, and was sentenced for that in 1994.
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.
Defaming Like a Rockstar? No, Said Court in Lawsuit Against DaBaby
An interesting illustration of the defamation per se / per quod distinction, recognized in some states.
N.Y. Law Banning Gun Carrying in Churches (Including When Authorized by Church) Unconstitutionally …
discriminates against religious institutions
Institute for Justice: Totally Worth Your Donations
As I've mentioned before, it's one of the public interest law firms that I admire most.
Prof. Amna Khalid (Carleton) on the Hamline Muhammad Painting Controversy
"On Hamline University's shocking imposition of narrow religious orthodoxy in the classroom."
Court Refuses to Block California Ban on COVID "Treatment or Advice" That's "Contrary to the Standard of Care"
The law bans doctors from providing "treatment or advice" "to a patient" "related to COVID-19" when that treatment or advice includes (1) "false information" (2) "that is contradicted by contemporary scientific consensus" (3) "contrary to the standard of care." The law regulates only speech to patients, not to the public at large.
Teacher Can Proceed With First Amendment Lawsuit Over Threatened Punishment for Wearing MAGA Hat to Training
A defendant had argued that she could allow Black Lives Matters posters but forbid MAGA hats on the theory that, "While the Black Lives Matter poster is a symbol of cultural acceptance and inclusivity ... Mr. Dodge's MAGA hat is a symbol commonly associated with white supremacy and other anti-immigrant sentiments." No, says a Ninth Circuit panel.
Ninth Circuit Judge Urges Supreme Court "Not to Give Any First Amendment Protection for Racist Hate Speech"
“[G]overnment officials ... should not be unduly constrained in their attempts to regulate hate speech for the purpose of protecting the intended targets of said speech. This may require some refining of the Supreme Court’s prior guidance in its precedents.... For example, the Court could consider modifying the Brandenburg test to require only a probable and emerging threat of violence rather than imminent lawless action as a result of speech in order to regulate it.”
Ninth Circuit Upholds Expulsions for Off-Campus Abusive Speech That Targets Particular Students
“Students ... remain free to express offensive and other unpopular viewpoints [at least outside school], but that does not include a license to disseminate severely harassing invective targeted at particular classmates in a manner that is readily and foreseeably transmissible to those students.”
Illinois Appellate Court Overturns a Stop-Posting-About-Plaintiff Order
Trial court: "I understand that you have a first amendment privilege, but sometimes the first amendment privilege contravenes certain statutes that are enacted by the State ...." Appellate court: That's "a misunderstanding of the relationship between statutes and constitutions."
Hamline Student Newspaper (the Oracle) Removed Published Defense of Lecturer Who Showed Painting of Muhammad
"[T]rauma and lived experiences," the newspaper says, "are not open for debate."
How Does He Know If You've Been Bad or Good?
A periodic re-post of a Christmas classic.
Marines Must Exempt Sikhs from Boot Camp Shaving Requirements
So holds the D.C. Circuit, relying on federal statutes protecting religious freedom.
University of Idaho Murders Yield Libel Lawsuit Against "Internet Sleuth"
According to the Complaint, "Ashley Guillard promotes herself on Amazon and TikTok as an Internet sleuth that solves high-profile unsolved murders by consulting Tarot cards, and performing other readings, to obtain information about the murders."
Unassembled and Incomplete Array of Shotgun Parts = Firearm
That the Bureau of Criminal Apprehension "was able to assemble the shotgun components using a stock bolt and a stock bolt washer from another firearm" "was sufficient to prove that the unassembled shotgun parts in this case constituted a firearm."
"This Is About as Frivolous a Motion to Seal as I Have Seen" [UPDATE: Response from Lawyer Added]
"Defendants are ORDERED to identify the lawyer responsible for this motion. The lawyer, by January 3, 2023, is ORDERED to submit an explanation of why the lawyer thought this was a justified motion. When I see the explanation, I will consider whether subsequent proceedings are appropriate."
