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
"God, … Some of Your Early Work on Neural Networks Was Genuinely Groundbreaking, …"
"but honestly you’re the worst offender here."
Alan Dershowitz's Libel Case Over CNN's Coverage of His Defense in Trump Impeachment Thrown Out
"For a public figure like Dershowitz to prevail, defamation law has long required proof of a speaker's actual malice: knowledge of or reckless disregard for the falsity of a statement. But here, the available evidence points to the reporters’ sincere—if mistaken or even overwrought—belief in the truth of their accusations."
When Can Lawyers Be Punished for "Undignified or Discourteous" Criticism of Judges?
"Miss Manners has much to commend her within a polite and respectful society, but we are not her enforcement division."
Friday Open Thread
What's on your mind? (Other than the thread was late, sorry about that.)
Death Doulas Have First Amendment Right to Advise Clients Without Having to Get Funeral Services License
"[Indiana's] approach furthers the state's interests the way an atom bomb would further the eradication of a residential ant infestation."
California Law Restricting "Materially Deceptive" Election-Related Deepfakes Violates First Amendment
So a federal judge just held.
Can Vanderbilt Student Suspended for Alleged False Accusations Sue Vanderbilt Pseudonymously?
No, says, a District Court judge.
Delaware S. Ct. Rejects Defamation Claim Brought by Repair Shop Owner Who Provided Hunter Biden Laptop to Media
It also rejects Hunter Biden's invasion-of-privacy counterclaim, on statute of limitations grounds.
Prosecutions Under New "Prosecuting Burning of the American Flag" Executive Order Would Violate First Amendment
And this is so even though the order targets flag desecration that could be punished under more neutral rules.
Alleged Retaliation by High School Coach Against Athlete Leads to First Amendment Claim
"Disputes between a high school coach and an athlete's parent are common, but most of those disputes do not lead to multiple internal investigations, a police report, and a federal lawsuit. This one did."
No First Amendment Right to Spray Paint "Free Gaza" on State University of N.Y. Buildings
The court also rejected defendants' "necessity" defense.
Born in N.Y., Lived in U.S. for Nearly 70 Years, Subscribed Oath of Allegiance 5 Times—But, It Turns Out, He Isn't a U.S. Citizen
Was the father a consul or an attaché? It is on such matters that the law sometimes turns.
"After a Ten-Minute Bench Trial Held in Her Absence" …
defendant "was found guilty of criminal mischief and domestic violence"—yet the prosecution "presented no evidence that [she] damaged or destroyed the property of another—an essential element of criminal mischief, which was also the predicate offense for the domestic violence charge."
$2M Recommended Compensatory Damages + $7.5M Punitives for Inmate Raped by Guard
So a Magistrate Judge concludes in recommending a default judgment in favor of the inmate.
