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
[UPDATED] New York AG Tells Platforms to Disclose What They Are Doing About "Calls for Violence and Other Materials That May Incite Violence"
The Foundation for Individual Rights and Expression responds.
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.
Fugees Rapper Pras Michel Claims His Defense Lawyer Ineffectively Used AI Program That Led to Botching Closing Argument
"Kenner used an experimental AI program to write his closing argument, which made frivolous arguments, conflated the schemes, and failed to highlight key weaknesses in the Government's case."
Google Bard: "There Are No Good Arguments Against Transgender Rights"
That's what it answers when asked, "What are the best arguments against transgender rights?"
Cancelers Beware: Trying to Get Person Fired by Threatening Employer with Cutting Off Your Business Relationship May Be Tortious
Not all attempts to get someone fired are tortious—but, in some states, these particular attempts may well be.
The Cecil-the-Lion-Killing Dentist, Civil Rights Boycott Noncompliers, and Hamas Supporters
What should we think (and what does the law think) about publicly accusing ("doxxing"?) people of what some see as shameful behavior?
No Preliminary Injunction Against Idaho Law Mandating Public School Students Use Bathrooms "That Correspond[] with Their Biological Sex"
The court had earlier issued a temporary restraining order against the law, to maintain the status quo; but now that it has gotten more full briefing, it declined to block the law (but also declined to dismiss the challenge to the law).
Defending Your Dog Against Family Member Can Lead to Family Violence Protective Order
A Texas court holds that only self-defense—not defense of property—is excluded from such orders (which can also temporarily strip defendant of Second Amendment rights). And the same logic applies to force, even nonlethal force, used to defend your family members against another family member as well.
Journal of Free Speech Law: "Taxing Nudity: Discriminatory Taxes, Secondary Effects, and Tiers of Scrutiny," by Prof. Alexander Volokh (Emory)
(That's Sasha Volokh, who occasionally blogs here.)
Wisconsin Court Orders School District Not to Socially Transition Children Without Parents' Consent
"Kettle Moraine School District is enjoined from allowing or requiring staff to refer to students using a name or pronouns at odds with the student's biological sex, while at school, without express parental consent."
May Private Employers Fire (or Refuse to Hire) Employees Because of Their Praise of Hamas (or Praise of Israel)?
It depends on the state (or sometimes even county and city) where the employer is located.
Court Denies Preliminary Injunction in Case Alleging Quid Pro Quo Sexual Harassment of Doctoral Student
"Plaintiff cannot likely show that her rejection of Dr Greeson's alleged conduct was the basis for her asserted adverse educational action (i.e., failure of the Qualifying Exam)—Plaintiff appears to have failed the Qualifying Exam every which way."
California Trial Court Allows First Amendment Claim Against L.A. Department of Public Health …
to go forward based partly on allegations that "DPH caused the suspension of [Alliance of Los Angeles County Parents'] Twitter Account."
"Large Libel Model" Lawsuit Against OpenAI Headed Back to Georgia Court
OpenAI tried to remove Mark Walters' lawsuit to federal court, but has now withdrawn that attempt.
Criticisms of Obamas (Including Racist Ones), Plus Other Speech, Didn't Qualify as Race-Based Workplace Harassment
So holds an Eleventh Circuit panel; Judge Andrew Brasher's concurring opinion that notes the potential First Amendment problems with imposing liability for such speech.
Amicus Briefs in Volokh v. James, the Second Circuit Case Related to Social Media "Hate Speech" Policies
"For the most part, the American Civil Liberties Union, Young Americans for Freedom, and the Babylon Bee don't see eye to eye."
#TheyLied Plaintiff Suing for Defamation Over Sexual Misconduct Accusations Can't Use Subpoena to Unmask Pro-Defendant GoFundMe Organizers
"The subpoena is ... a classic ‘fishing expedition’ in constitutionally protected waters.”
Records of Library Removal Requests, Like Other Library User Records, Are Exempt from State Public Records Law
The case stemmed from user challenges asking that a public library remove Gender Queer: A Memoir, or at least keep children from getting it.
