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
"A Major Law Firm's ChatGPT Fail"
"The problem with these cases is that [only one] exist[s]."
Liking Post That Contains Porn Deepfake Can Lead to Liability, Court Says in Megan Thee Stallion Lawsuit
At least this is so when defendant "also ... allegedly directed viewers of her post to click on her 'Likes' page where the video had been archived" (not clear what the judge would have thought if the case involved solely the "like").
Megan Thee Stallion's Defamation Lawsuit Against "Online Personality" "Milagro Gramz or Mobz World" Can Go Forward
Plus, does speech about a celebrity become "intentional infliction of emotional distress" when the celebrity is known to have been "trauma[tized]" by a violent crime?
"Title VI Must Be Applied Consistent with First Amendment Principles"
A federal district court discusses how the First Amendment limits liability for "hostile environment harassment" based on "speech on matters of public concern" in universities (public or private). And the reasoning may extend to Title VII liability on workplaces as well.
No One-Sided Pseudonymity in Case Against Political Candidate Alleging Revenge Porn
“Plaintiff has not conducted this litigation as though it involves matters of a highly sensitive and personal nature—instead, she would cloak herself in pseudonymity, and the protections it affords, while publicly lobbing allegations at Defendant by name.”
Wednesday Open Thread
Playing around with the post time (shifting to the start of the day to midday). "It is an experiment, as all life is an experiment."
Trump "Global Gag Rule" as to Abortion Likely Doesn't Violate the First Amendment
That's because it apparently covers only grants to foreign organizations operating abroad, and a 2020 Supreme Court decision generally held that the First Amendment doesn't apply in such situations.
Settlement in Heartbeat of Miami v. Jane's Revenge Pro-Life Pregnancy Center Vandalism Lawsuit
The settlement of the civil case follows guilty pleas or convictions in related criminal cases.
Mother Convicted of "Unlawful Posting of a Message" for Website Sharply Criticizing Woman Who Accused Mother's Son of Rape
The Michigan Court of Appeals just upheld the conviction, under a statute that requires showing of purpose to (among other things) "harass[]" or "molest[]," and reason to know that third parties would send the target unwanted and "harass[ing]" or "molest[ing]" messages. The statute doesn't require any showing that the accusations were false.
Devin Nunes Loses Defamation Appeal Against Ryan Lizza and Esquire
Nunes and his family's farm can't sufficiently show damages, so the court doesn't have to reach any of the other elements of defamation.
Federal Public Defender Submits Brief with Nonexistent Citation, Apparently Refuses to Admit This to the Judge at a Hearing
It's not the hallucination, it's the coverup.
Calling Someone "White Supremacist" in Online Debate Is Opinion …
and thus not actionable defamation, unless defendant "implies undisclosed facts by insinuating that the plaintiff" engaged in specific racist acts or made (undisclosed) racist statements.
