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
No Preliminary Injunction Against Idaho Law Mandating Public School Students Use Bathrooms "That Correspond[] with Their Biological Sex"
The court had earlier issued a temporary restraining order against the law, to maintain the status quo; but now that it has gotten more full briefing, it declined to block the law (but also declined to dismiss the challenge to the law).
Defending Your Dog Against Family Member Can Lead to Family Violence Protective Order
A Texas court holds that only self-defense—not defense of property—is excluded from such orders (which can also temporarily strip defendant of Second Amendment rights). And the same logic applies to force, even nonlethal force, used to defend your family members against another family member as well.
Journal of Free Speech Law: "Taxing Nudity: Discriminatory Taxes, Secondary Effects, and Tiers of Scrutiny," by Prof. Alexander Volokh (Emory)
(That's Sasha Volokh, who occasionally blogs here.)
Wisconsin Court Orders School District Not to Socially Transition Children Without Parents' Consent
"Kettle Moraine School District is enjoined from allowing or requiring staff to refer to students using a name or pronouns at odds with the student's biological sex, while at school, without express parental consent."
May Private Employers Fire (or Refuse to Hire) Employees Because of Their Praise of Hamas (or Praise of Israel)?
It depends on the state (or sometimes even county and city) where the employer is located.
Court Denies Preliminary Injunction in Case Alleging Quid Pro Quo Sexual Harassment of Doctoral Student
"Plaintiff cannot likely show that her rejection of Dr Greeson's alleged conduct was the basis for her asserted adverse educational action (i.e., failure of the Qualifying Exam)—Plaintiff appears to have failed the Qualifying Exam every which way."
California Trial Court Allows First Amendment Claim Against L.A. Department of Public Health …
to go forward based partly on allegations that "DPH caused the suspension of [Alliance of Los Angeles County Parents'] Twitter Account."
"Large Libel Model" Lawsuit Against OpenAI Headed Back to Georgia Court
OpenAI tried to remove Mark Walters' lawsuit to federal court, but has now withdrawn that attempt.
Criticisms of Obamas (Including Racist Ones), Plus Other Speech, Didn't Qualify as Race-Based Workplace Harassment
So holds an Eleventh Circuit panel; Judge Andrew Brasher's concurring opinion that notes the potential First Amendment problems with imposing liability for such speech.
Amicus Briefs in Volokh v. James, the Second Circuit Case Related to Social Media "Hate Speech" Policies
"For the most part, the American Civil Liberties Union, Young Americans for Freedom, and the Babylon Bee don't see eye to eye."
#TheyLied Plaintiff Suing for Defamation Over Sexual Misconduct Accusations Can't Use Subpoena to Unmask Pro-Defendant GoFundMe Organizers
"The subpoena is ... a classic ‘fishing expedition’ in constitutionally protected waters.”
Records of Library Removal Requests, Like Other Library User Records, Are Exempt from State Public Records Law
The case stemmed from user challenges asking that a public library remove Gender Queer: A Memoir, or at least keep children from getting it.
Spousal Rape Conviction Reversed Because Lower Court Didn't Give Defendant Access to Accuser's Immigration Records
One of the defense's theories was that "the requested immigration records" might "support [the ex-wife's] motive to fabricate because claiming she was a victim of a sexual assault would provide a way to continue her legal residency in the United States without assistance from Appellant after her divorce."
No California Bar Discipline for Lawyer Who Tweeted "They Should Be Shooting the Looters" and "Shoot the Protesters"
"Respondent presented this court with a credible and reasonable interpretation of the meaning behind her words, i.e., that she posted the above-noted tweets as an expression of her anger, fear, and frustration with the violence taking place around her and in disagreement with some of the sentiments she saw being expressed by others on Twitter."
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.
