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
Megan Thee Stallion's Request for Anti-"Cyberstalking" Injunction Against Online Defamer Denied as Prior Restraint
"Plaintiff is allegedly the target of hurtful, angry, offensive, humiliating, racial, and gender-based hate made in online posts by Defendant's followers. As tempting as it might be to force some civility into the matter by staunching Defendant's speech against Plaintiff through an injunction, doing so would ignore the protections of the First Amendment."
"It Will Be Your Name and License on the Line, Not ChatGPT's"
A lawyer's duties "do not disappear solely because an attorney chooses to outsource his labor to AI."
"Once the [Rainbow Flag] Cat Is out of the Bag, the Ball Game Is Over"
No pseudonymity for teacher challenging removal of pride flags from classroom, because his identity had already been disclosed through public records requests.
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Call Him Judge Ho Ho Ho
A nice little Christmas present for the lawyers + "You should be spending time with family and friends over the holidays."
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Justice Ginsburg Cancer Treatment Leak Prosecution: Blame the Cat
"Russell insisted that he didn't know how his credentials had been used to run the 'Gins' and 'Ginston' searches. But he theorized that 'potentially his cat had run across the keyboard and typed in those letters.'"
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"I Swear, if You Don't Drop Out of Miss Pennsylvania, I Will Come to Your Home and Set It on Fire"
"I don't even care if you or your mom are inside. I actually hope you are. You both deserve to die. I am going to kill you, Robyn. I don't understand why you don't get that. I will burn you. You will die."
Court Ordered Critic of Ex-Mayoral Candidate to Stop "Publicly Writing, Printing, or Speaking [Ex-Candidate's] Name"
Fortunately, an appellate court just reversed the decision.
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Workers' Comp Claim for "Exacerbation of Severe Mental Illness Due to Exposure of a Racially Insensitive Wooden Item"
"[S]he was told that a Mammy doll which depicts slavery was in the garage of the building where they worked.... [W]hen she saw the doll she was overcome with emotions because it was so humiliating.... [S]he could not control her emotions and could not think clearly."
Seventh Circuit Reaffirms: No Pseudonymity in Title IX Suits Claiming Wrongful Discipline
Many other courts do generally allow pseudonymity in those particular cases, but the Seventh Circuit disagrees.
California Law Restricts Naming Abortion/Gender-Affirming Care Providers/Patients (+ Soon Immigration Support Services Providers?) …
online, after they send a demand that they not be named (and declare that there has been an online-naming-related threat or incitement against them by someone else).
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Court Orders OpenAI to Cut off (for 3 Weeks) ChatGPT Access by Mentally Ill and Dangerous User
Could a court likewise order, say, Gmail to cut off a person's access to his Gmail account, if there's reason to think the person has misused that account for criminal purposes? Does it matter that the person isn't a party to the proceeding, and thus can't assert his free speech rights?
President Trump's Libel Lawsuit Over Wall Street Journal Article on Epstein's Birthday Letters Dismissed
The court concludes that Trump hadn't adequately alleged facts that would support a finding that the defendants knew the article was false (or were reckless about the prospect); Trump has an opportunity to file an amended complaint if he can identify such facts.
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Happy Yuri Gagarin Day!
Gagarin was the first man in space, 65 years ago today.
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Petitioner's Regret No Grounds for Sealing of 8-Year-Old Restraining Order Documents
Petitioner's new-found "public figure" status, and concerns that records are "impeding his employment, professional credibility, and personal safety," don't justify sealing, either.
