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
Why We Should Care About Pseudonymity in Litigation
Like other features of legal procedure—such as the jury trial, the mechanism for appointing judges, the availability of appeal—pseudonymity both deeply affects the fairness of litigation and, often, the substantive outcomes.
Lawsuit Over Alec Baldwin's Publicly Labeling Woman "Insurrectionist" for Her Jan. 6 Activities Dismissed by Court
Plaintiffs sued for defamation, and also for negligence and intentional infliction of emotional distress stemming from the comments aroused by Baldwin's posts.
Can Plaintiffs Alleging Rape Sue Pseudonymously?
The question remains unsettled, with lots of courts decisions on both sides.
Public School May Hang "Black Lives Matter" Posters Without Displaying Other Viewpoints
The government gets to pick and choose which speech it displays on its property, and doesn't have to give others a right to reply (except in public fora, which don't include school walls).
Court Reduces $1.4M Verdict to $71.5K in #TheyLied Renaissance Faire Libel Case
Defendant had accused plaintiffs, "the King and Queen of [the Pittsburgh] Renaissance Faire," of failing to properly deal with allegations of sexual harassment, and of retaliating against sexual harassment victims; the jury found that the defendant knew the statements were false, or at least recklessly disregarded the risk of falsehood.
Another Example of a Pro Se Litigant Trying to Use ChatGPT (Unsuccessfully)
Not ChatGPT's fault, but an illustration of how some pro se litigants are trying to use the technology.
American Bar Association Committee Proposes New Protections for "Free Expression of Ideas"
"A law school shall adopt, publish, and adhere to written policies that encourage and support the free expression of ideas" that "[p]rotect the rights of faculty, students, and staff to communicate ideas that may be controversial or unpopular," and "[p]roscribe disruptive conduct that hinders free expression by preventing or substantially interfering with ... classes, meetings, interviews, ceremonies, and public events."
Government Blocking of "Tornado Cash" Cryptocurrency-Related Service Was Legal, Didn't Violate First Amendment
So a federal court held Thursday.
First Amendment Protects Sign at University Saying "God Created Male and Female and Artemis Langford Is a Male"
Langford had been in the news for joining a sorority, which has caused a good deal of controversy at the University of Wyoming.
No Sealing of Plaintiff's Expunged Court Records That Are Central to Plaintiff's Libel Claim
"[T]he fate of Plaintiff's claims hinges to some extent on the truth or falsity of Defendant's statements regarding Plaintiff's conviction of a crime. Whether Defendant's statements are false—a determination that relies at least in part on Plaintiff's criminal records—is directly relevant to the public."
First Circuit Allows Police Officer Pseudonymity in Federal Lawsuit Over "Exculpatory Evidence List" Placement
I had asserted the contrary, arguing that the state allowance of pseudonymity in trying to get removal from the list didn't justify pseudonymity in a federal court lawsuit seeking damages for such placement; but the court disagreed.
Illinois Court Rejects Claim for Group Libel of Poles Living During World War II Era
People may be able to successfully sue based on allegedly false and defamatory statements about themselves, or about very small groups of people that include themselves—but not based on statements about whole countries or ethnic groups.
Plaintiff Professor's Losing Libel Lawsuit May Lead to His Former Lawyers Foreclosing on His Home
(Part of the fees also stemmed from defending against Ohio State's investigating his alleged research misconduct.)
Journal of Free Speech Law: "Freedom of Speech and AI Output," by Profs. Mark Lemley and Peter Henderson and Me
Just published, closing out our symposium on Artificial Intelligence and Speech.
Prof. Michael McConnell, Responding About the Fourteenth Amendment, "Insurrection," and Trump
"We must not forget that we are talking about empowering partisan politicians such as state Secretaries of State to disqualify their political opponents from the ballot, depriving voters of the ability to elect candidates of their choice. If abused, this is profoundly anti-democratic."
Journal of Free Speech Law: "Where's the Liability in Harmful AI Speech?," by …
Profs. Peter Henderson, Tatsunori Hashimoto, and Mark Lemley, just published in our symposium on Artificial Intelligence and Speech; more articles from the symposium coming in the next few days.
Journal of Free Speech Law: "Generative Artificial Intelligence and Trade Secrecy," by Prof. David S. Levine
Just published, in our symposium on Artificial Intelligence and Speech; more articles from the symposium coming in the next few days.
Journal of Free Speech Law: My "Large Libel Models? Liability for AI Output"
Just published, in our symposium on Artificial Intelligence and Speech; more articles from the symposium coming in the next few days.
