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
S. Ct. Unanimously Broadens (Somewhat) Employees' Rights to Religious Exemptions from Neutral Work Rules
The decision, which interprets Title VII's reasonable accommodation provision (enacted in 1972), applies to private employees as well as government employees.
S. Ct. Decides: "True Threats" Exception Requires Showing that Speaker Was "Reckless," i.e.,
"consciously disregarded a substantial risk that his communications would be viewed as threatening violence."
If You Grant a Mouse's Motion for a Cookie, It Might Take a Mile's Worth of Bites at the Apple
Also geese and ganders.
"The Neglected Value of Effective Government," by Prof. Rick Pildes (NYU)
"How law and policy have undermined the ability of government to deliver both large-scale policies and a range of public goods."
The First Amendment and Refusals to Deal
Here's a draft of my article, on the constitutionality of anti-BDS laws and other related matters, forthcoming in a symposium at The University of the Pacific Law Review.
Challenge to Georgia BDS Law Loses on Qualified Immunity Grounds
The Eleventh Circuit therefore avoids deciding whether such laws are constitutional.
No Absolute Privilege for Accuser's Allegations in College Disciplinary Proceedings; #TheyLied Libel Lawsuit
alleging the accuser lied in the proceedings can thus go forward, holds the Connecticut Supreme Court.
Right to Privacy Challenge to L.A. City Employee COVID Vaccine Mandate Can Go Forward,
though the city may yet prevail later in the case, if it can show enough facts justifying the mandate.
Court Erred in Dismissing Challenge to L.A. City Employee COVID Vaccine Mandate
So the California Court of Appeal has held, concluding that there is enough of a factual dispute (under California's plaintiff-friendly pleading standards) for the case to go forward.
Ban on "Mentioning Child/Parental Alienation" and "Anything About" Ex, "Including But Not Limited to" …
"that which may be immediately or remotely interpreted as demeaning or belittling to him" struck down as unconstitutionally vague.
Schools Have No Constitutional Obligation to Try to Keep Students from Having Sex in the Parking Lot
"[T]he Does cannot wield the constitutional right to parent as a sword to require the district to adopt policies that help them to direct and control their son's choices," and likewise as to the right to free exercise of religion.
Gov.-DeSantis-Suspended Tampa Prosecutor Andrew Warren's State-Law Challenge Fizzles on Timeliness Grounds
The federal law challenge, which was rejected by the District Court, is still on appeal to the Eleventh Circuit.
Journal of Free Speech Law: "Saving the News," by Prof. Ramsi A. Woodcock
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Colorado Ban on Any Law "Retrospective in Its Operation" Means Old Sex Assault Claims Can't Be Revived
The Colorado Supreme Court holds that the state constitution precludes revival of claims on which the statute of limitations has expired.
Journal of Free Speech Law: "Structuring a Subsidy for Local Journalism," by Prof. Kyle Langvardt
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Journal of Free Speech Law: "From Hot News to Link Tax: The Dangers of a Quasi-Property Right in Information," by Paul Matzko
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Journal of Free Speech Law: "How Local TV News Is Surviving Disruption as Newspapers Fail: Lessons Learned," by Prof. Laurie Thomas Lee
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Journal of Free Speech Law: "Moderating the Fediverse: Content Moderation on Distributed Social Media," by Prof. Alan Rozenshtein
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
