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. He is also the co-host of the Free Speech Unmuted podcast.
Eugene Volokh
Latest from Eugene Volokh
Open Thread
What’s on your mind?
Open Thread
What’s on your mind?
Open Thread
What’s on your mind?
Journal of Free Speech Law: "The Government Speech Doctrine Goes to School," by Heidi Kitrosser
Part of a Knight First Amendment Institute Symposium on Managing Government Employee Speech in a Democracy, which the Journal is publishing.
"The Why of Public Access to Judicial Records in Civil Cases"
An excellent article by media lawyers Steve Zansberg and Michael Beylkin.
Open Thread
What’s on your mind?
Journal of Free Speech Law: "Regulating LGBTQ Speech in the Classroom," by Caroline Mala Corbin
Part of a Knight First Amendment Institute Symposium on Managing Government Employee Speech in a Democracy, which the Journal is publishing.
Principal's Threatening Critics with Defamation Lawsuit Can Be "Conduct Unbecoming"
Govern yourself accordingly.
Open Thread
What’s on your mind?
Journal of Free Speech Law: "Speaking Collectively: The First Amendment, the Public Sector, and the Right to Bargain and Strike," by Kate Andrias
Part of a Knight First Amendment Institute Symposium on Managing Government Employee Speech in a Democracy, which the Journal is publishing.
Sound of da Harassment Prosecution
Defendant's playing "the KRS-One song entitled 'Sound of da Police' at a high and disruptive volume from her vehicle while simultaneously directing offensive, suggestive, and threatening remarks toward the complainant near the complainant's home" "may reasonably be interpreted as intended to alarm, annoy, threaten, or harass."
Open Thread
What’s on your mind?
Journal of Free Speech Law: "Permission to Speak Freely: An Introduction," by Sam Lebovic
Part of a Knight First Amendment Institute Symposium on Managing Government Employee Speech in a Democracy, which the Journal is publishing.
Donald Trump Hasn't Violated Twenty-Second Amendment
Magistrate Judge rejects plaintiff's theory that, because President Trump has claimed he was the rightful winner in 2020, he was therefore ineligible in 2024.
Forensic Election Fraud Analysts Allege Defendants Defamed Them as "Retaliation for Plaintiffs' Refusal to Report False Findings of Election Fraud"
Their defamation and breach of contract case against Stefanie Lambert can go forward, a judge concluded.
Was D.C. Bar's Liquor License Denied Partly Based on Owner's Speech Criticizing Anti-Masking/Vax-Proof Requirement?
The D.C. Circuit just let a case making this allegation go forward.
"Jewish, Zionist" Teachers' and Parents' Lawsuit Over Allegedly Anti-Capitalist and Anti-Zionist School Curriculum Can Be Refiled, Ninth Circuit Rules
The district court had thrown out the case with no opportunity to file an amended complaint; the Ninth Circuit agrees that plaintiffs lacked standing to bring the claim, but allows them to refile an amended complaint to "cure the standing deficiencies" (if they can).
Open Thread
What’s on your mind?
Open Thread
What’s on your mind?
Open Thread
What’s on your mind?
N.C. Court Has Jurisdiction over Alienation of Affection Claim Brought Against Ex-Arizona-Senator Kyrsten Sinema
This tort, which lets people sue their spouses' lovers for interfering with the marriage, is litigated in about 150 new cases per year in North Carolina.
Open Thread
What’s on your mind?
"Incredulity" That "Competent Law Firm Representing One of the Largest Financial Institution[s] in the World" Filed Brief with AI Hallucinations
D.C.’s highest court strikes Deutsche Bank’s appellate brief as a sanction.
Open Thread
What’s on your mind?
Florida Revenge Porn Law Doesn't Cover Simulated Sexual Conduct That's Implied Rather Than Shown
(to oversimplify slightly); so a Magistrate Judge concluded in case where defendant "posted a video to a blog allegedly depicting Plaintiff 'as Adolf Hitler by adding a Hitler mustache to Plaintiff's photograph and engaging in oral sex with a journalist.'"