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
Prof. Cynthia Estlund (NYU) in the Journal of Free Speech Law on "Can Employees Have Free Speech Rights …
... Without Due Process Rights (in the Private Sector Workplace)?"
Insurance Company Not Allowed to Litigate Under the Name of a Stranger
"Progressive has filed a Motion in Limine seeking to preclude references at trial to Progressive as the named defendant. Progressive contends it would suffer unfair prejudice if a jury was aware of its relationship to this action. Thus, Progressive requests that the parties use the name of the non-party driver as the defendant."
No First Amendment Protection for 12 Cypress Trees,
when plaintiff's "connection to his trees [was] rooted in a vague and indeterminate concept of spirituality, quantum physics, and cosmic mechanics."
Phoenix's Delegation to NFL of Power Over Signs Near Super Bowl Violated First Amendment, and
was an unconstitutional delegation of government power, an Arizona trial judge held.
Federalist Society Panel on "Discussion, Coercion, and the Pursuit of Truth" at Law Schools
The panel was moderated by Fifth Circuit Judge James Ho, and included former Solicitor General Paul Clement, Prof. Renee Lettow Lerner, legal journalist David Lat, lawyer Jay Edelson, and me.
Illinois Appellate Court Reverses Conviction for Threatening a Judge
A defendant's telling his lawyer, "when I get out of here, I'm going to get that judge" and "I don't make threats[,] I make promises" isn't a true threat, the court holds.
GWU Law Student Gov't Directs People to Stop Saying/Writing "Illegal," "Alien," and "Assimilation" re: Immigration
It's the "Immigration - Written and Oral Reform Declaration (I-WORD) Joint Resolution" from 2021.
Visitors Sue Over National Air & Space Museum's Alleged Demand That They Remove "Rosary Pro-Life" Hats
"We are a museum that promotes equality, and your hats do not promote equality.”
"The Profit Motive: In Defense of Shareholder Value Maximization"
From my UCLA colleague Prof. Stephen Bainbridge.
Libel Lawsuit (Related to Causing-Suicide Allegations) Between Two Trans Political Commentators,
"Defendant White would go on to accuse Ms. Erlick of sexually abusing and—most importantly, including by Defendant White’s own reckoning—causing the death of the person (Danie) who made the accusation."
Throuple Trouble
Threats of suicide and of disclosing an ex's sexual orientation may count as threats for harassment purposes (for the non-polyamorous as much as for the polyamorous, of course).
School District Consents to Protecting Citizens' Rights to Read from School Library Books at Board Meetings
"The Court permanently enjoins the District ... from ... prohibit[ing] ... speakers ... from reading or quoting verbatim from the text of any book or written works available in any FCS library or classroom, while addressing the school board during the public-comment period at school board meetings."
Fifth Circuit Holds People Can't Be Disarmed Just Based on Civil Restraining Order
Judge James Ho concurs, adding "I write separately to point out that our Founders firmly believed in the fundamental role of government in protecting citizens against violence, as well as the individual right to keep and bear arms—and that these two principles are not inconsistent but entirely compatible with one another."
Lawsuit Over Blocking of Portland State Prof. Bruce Gilley from @UOEquity Twitter Feed Can Go Forward
"The evidence is sufficient to raise [but not to resolve] serious questions on the merits of Plaintiff's claim that Defendant stabin blocked him on account of his expression of a viewpoint."
