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
Government Employee / Political Candidate's Advertising Gun Raffle for Election Campaign May Be Protected by the First Amendment
"Defendants' argument, which attempts to draw an ill-defined connection between a lawful gun raffle hosted on social media, and obviously tragic and unlawful mass shootings at schools, remains predicated upon numerous, dubious inferences ...—if not upon rank speculation."
"Odd," "Unnerv[ing]," "Disturbing," Comments, Post, and Letter to Politician Weren't "True Threats"
"[E]ccentricity and being off-putting is not a criminal offense," even when the speaker mentions the listener's children and other personal details.
Discovery of Comparator Incidents Available in Title IX Wrongful-Discipline Cases
A good illustration of how this principle can work.
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.
