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
Are #MeToo Allegations Speech on "Matters of Public Concern"?
The Minnesota Supreme Court says "sometimes," and splits 4-3 in favor of a particular allegation being on matters of public concern.
No, Court Won't Order Removal of Online Copies of the Decision in Your Online Case, Even if
you argue that you're losing job opportunities because employers see that decision.
Prosecutor Linda Fairstein's Libel Lawsuit Over Netflix "Central Park Five" Series ("When They See Us") Can Go Forward
"There is evidence that, by opting to portray Fairstein as the series villain who was intended to embody the perceived injustices of a broader system, defendants reverse-engineered plot points to attribute actions, responsibilities and viewpoints to Fairstein that were not hers and are unsupported in defendants' substantial body of research materials."
University's Denying Fellowship to Student Isn't "Intentional Infliction of Emotional Distress"
And the case in which the student made such a claim can't be sealed, either.
Justice Alito: No Need to Recuse When Justice Has Been Interviewed by a Lawyer (or by Employee of Party) in a Pending Case
The matter involves a Wall Street Journal interview of Justice Alito, which didn't discuss the case in which one of the interviewers is a party.
Thursday Open Thread
What's on your mind?
Posting Condemnation of Ex-Husband, Urging Viewers to Contact Him, Is Protected by First Amendment
So says the New Jersey intermediate appellate court, in a case involving a Jewish wife who was claiming her husband refused to give her a "get" (a Jewish religious divorce).
Harriet McConnell Retford on Arizona v. Navajo Nation
"[The decision] showcases the now-familiar contrast between the Court’s two different approaches to conservative jurisprudence: the strict formalism of Justice Gorsuch—a stern insistence that the United States live up to the letter of its legal obligations come hell or high water—as opposed to the status-quo, stare decisis driven conservative jurisprudence of Justice Kavanagh and Chief Justice Roberts."
Prof. Todd Henderson (Chicago) on Arizona v. Navajo Nation
"[T]he Court held that despite being a 'trustee' for the Navajo Nation and despite having promised the Navajo water sufficient to make its lands productive, the United States does not have an obligation to help the Navajo obtain that water."
May a Judge Sanction Lawyers by Requiring Them to Get Remedial Training from a Particular Ideological Organization?
An important question, whether the judge orders lawyers to be trained on religious liberty by the Alliance Defending Freedom, on transgender rights by Lambda Legal, or on race discrimination law by the ACLU.
Arkansas Social Media Age Verification Law Likely Violates First Amendment
So concludes a federal judge, issuing a preliminary injunction against enforcement of the law.
Texas S. Ct. Refuses to Block "Gag Order" on Senators Judging Impeachment of Attorney General Paxton
One Justice dissents, with a detailed opinion.
Organization Serving Disabled People Claims Newspaper Discriminatorily Targeted It for Criticism
A N.J. judge has thrown out the lawsuit, on the narrow grounds that, even if the newspaper deliberately discouraged people from attending the group's charity gala, the N.J. Law Against Discrimination doesn't apply to charity galas.
Cardi B's "Wet Ass Pussy" Doesn't Infringe Plaintiff's Song
"The concept of using 'p**** so wet' as a rhetorical device in a song is neither original nor unique to Plaintiff, and, in any event, '[c]opyright does not protect ideas or themes.'"
Texas Law Mandating Age Verification for Sexually Themed Sites Violates First Amendment,
a federal judge held today.
Firing Based on Employee's Pre-Employment Social Media Posts Leads to Discrimination Lawsuit;
federal court allows the case to go forward.
Criticizing Business on TikTok Can't Lead to Anti-Harassment Order, Even When Criticism …
leads some readers to engage in "threats and harassment" against the business.
Can Florida Homeowners Shoot Looters Who Break Into Their Houses (as Ron DeSantis Mentioned) or Businesses?
"I've seen signs in different people's yards in the past after these disasters, ... 'You loot, we shoot.' ... You never know what's behind that door."
