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: "The New Gatekeepers?: Social Media and the 'Search for Truth,'" by Prof. Ashutosh Bhagwat
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
S. Ct. Will Decide "TRUMP TOO SMALL" Trademark / First Amendment Case
The question: Does the First Amendment allow content-based but viewpoint-neutral restrictions on which trademarks may be registered—here, a restriction on marks that "[c]onsist[] of or comprise[] a name ... identifying a particular living individual except by his written consent"?
Journal of Free Speech Law: "Sober and Self-Guided Newsgathering," by Prof. Jane Bambauer
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Court Strikes Down Tennessee Ban on Pornographic Performances by "Male or Female Impersonators" Where Minors Can See Them
Properly crafted restrictions on displays of pornographic material where minors can see it are constitutional; but the court rules, among other things, that this restriction (1) discriminatorily targets drag shows, (2) lacks an exemption for minors escorted by parents, (3) applies even to venues that try to card attendees but are duped by a fake ID.
Journal of Free Speech Law: "Getting to Trustworthiness (But Not Necessarily to Trust)," by Prof. Helen Norton
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Journal of Free Speech Law Publishing Symposium on "Media and Society After Technological Disruption"
The symposium was edited by Prof. Justin "Gus Hurwitz" & Prof. Kyle Langvardt, and will be published later this year as a book by Cambridge University Press.
Woman Suing Cuba Gooding, Jr. Over Alleged Rape Can't Proceed as "Jane Doe" at Trial
The court had allowed her to litigate pseudonymously at earlier stages in the process, but just held that this doesn’t extend to trial.
If Lawyer Forces Client to Have Sex, When Can Law Firm Be Liable for Negligent Supervision?
"An attorney-client relationship between two adults does not present the same inherent danger or foreseeability" as "a relationship between an adult and a child in a religious organization."
Unsuccessful Plaintiff Can't Get Case Retroactively Sealed, Despite Alleged Harm to Employment Prospects
The case had involved a doctor who had sued over his license being restricted based on allegations of mental incompetency.
Georgia S. Ct.: Right to Pursue Lawful Occupation Invalidates License Requirement for Lactation Consultants
The court so holds applying the Georgia Constitution's Due Process Clause, which the court had long interpreted as securing a right to pursue a lawful occupation.
Federal Judge Requires All Lawyers to File Certificates Related to Use of Generative AI
The certificates must "attest[] either that no portion of the filing was drafted by generative artificial intelligence (such as ChatGPT, Harvey.AI, or Google Bard) or that any language drafted by generative artificial intelligence was checked for accuracy, using print reporters or traditional legal databases, by a human being."
A Lawyer's Filing "Is Replete with Citations to Non-Existent Cases" -- Thanks, ChatGPT?
The lawyer's colleague, who drafted the filing, says he relied on ChatGPT to draft the filing and provide the text of the cases, and neglected to check them.
Rep. George Santos's Bail Guarantors Are Being Kept Secret
The New York Times asked that their names, and information related to the bail hearing, be released.
Court Upholds Order Limiting Divorced Father's Talking to Gay Son About Sexual Orientation and Religion
"[W]e find no error by the trial court in finding that Father had mentally abused N. The circuit court concluded that N. was 'frightened,' 'scared,' and 'fearful' of his Father's anger and his Father's refusal to accept his sexual orientation."
Loading and Openly Carrying Gun in Own Yard Isn't Criminal Use of Deadly Force Under Florida Law
"[O]ne [tree-cutting] crew member made sexually suggestive gestures towards his fiancée and another waved a running chainsaw towards his dogs with the apparent threat to dismember them ...."
Kicking Out Paid Conference Attendee May Be Breach of Contract—but His Returning Is Still Criminal Trespass
A case stemming from a "Holocaust revisionist's" expulsion from a conference on "Mennonites and the Holocaust."
Preliminary Injunction Against "Disparag[ing]" or "Frivolous" Claims About School Board or Employees …
violates the First Amendment, holds the Louisiana Court of Appeal.
First Amendment Challenge to Discipline of 8th-Grader for "Racially Insensitive" Instagram Post Can Go Forward
The student had “posted a screenshot of a friend with a cosmetic mud mask on her face with the caption ‘when he says he’s only into black girls’ on her Instagram account.”
