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
Third Circuit Sends Down to District Court the Second Amendment Challenge to N.J.'s Ban on >10-Round Magazines
The appellate court would leave the matter for the district court to decide in the first instance, subject to appellate review; Judge Matey dissented, arguing that the appellate court should have considered the issue directly.
Georgia Supreme Court on Sincerity and Religious Exemptions
An unusually detailed discussion of what factors court should consider in deciding whether a religious exemption request is sincere (generally a threshold requirement for the request to stand any chance of prevailing).
Court Upholds Injunction Barring Distribution of Material Recorded at National Abortion Federation Conference
The defendants, the court held, had "knowingly, voluntarily, and intelligently waived any First Amendment rights in disclosing the information they obtained at the NAF conferences" by agreeing to that as a condition of being admitted to the conference.
Schoolteachers' First Amendment Rights to Publicly Criticize Transgender Pronoun Policies,
including saying "I will not affirm that a biological boy can be a girl and vice versa."
False Advertising Claim Over Allegations That "Michael" Included Tracks by Jackson Imitator Can Proceed
Commercial advertising for fully protected speech is treated as "commercial speech," and can be restricted on a strict liability basis if it misleads consumers (at least in this sort of situation).
Media Intervenors' Argument Supporting Unsealing Mar-A-Lago Search Warrant Affidavit
The search warrant and some related materials have been unsealed—but the affidavit is where the details on the justifications for the search would be, and the government has argued this has to remain secret, at least for now.
"Leung, Like the Villainous Deacon in the Movie Night of the Hunter, Was Back!"
An "inappropriate editorial statement[]" struck from a lawsuit alleging school sexual abuse, together with many other "immaterial and impertinent" statements.
Religious Speech on or with Government Property
Some brief thoughts on the Kennedy v. Bremerton School District case from several weeks ago.
No Immediate Appeal of Denial of Church Autonomy Defense in Intra-Church Libel Case
A dispute about alleged forgery of letters related to the appointment of a Bishop in the Russian Orthodox Church Outside Russia leads to an important appellate procedure case in the Second Circuit.
Government's Argument Against Unsealing Mar-A-Lago Search Warrant Affidavit
The search warrant and some related materials have been unsealed—but the affidavit is where the details on the justifications for the search would be, and the government says this has to remain secret, at least for now.
You Gotta Fight for Your Right to Party, in Wichita
And the Kansas Supreme Court may well be on your side.
Court: "A Retweet Is Not Necessarily an Endorsement"
This comes in a false light lawsuit by the family of former National Security Advisor Gen. Michael Flynn, whom CNN had labeled “QAnon followers.”
