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
Reply All Is Not a Crime, Says the American Bar Association (Controversially)
To be precise, it's not an ethical violation, when opposing counsel e-mails you cc'ing their clients, and you Reply All. (But some states disagree.)
Beauty Pageants Have First Amendment Right to Limit Contestants to "Natural Born Females"
So holds the Ninth Circuit; Hamilton plays a major role.
Court Adopts Narrow Approach to Pseudonymity in Title IX Wrongful-Discipline Cases
A federal judge suggested that plaintiffs can sue as John Does only to the extent that identifying them would also identify nonparties who want to remain anonymous (such as the students who accused the plaintiffs of sexual misconduct).
Right to Videorecord in Public Places Includes Right to Videorecord Voters at Dropboxes
An interesting echo, I think, of NAACP v. Claiborne Hardware (1982).
Babylon Bee Files Amicus Brief in Support of Parody Rights -- and Doesn't File an Amicus Brief Opposing It
[NOTE: There is nothing parodic or facetious about any item in this post; it is entirely accurate. No, seriously, it is. Really, I mean it, really.]
Patent Law Opinion Can't Be Sealed to Avoid Hurting Plaintiff's Future Similar Lawsuits
[UPDATE: I've added comments from plaintiff's lawyer.]
Ninth Circuit Partly Affirms and Partly Reverses Judgment for Planned Parenthood Over Secret Recordings
"Journalism and investigative reporting have long served a critical role in our society. But journalism and investigative reporting do not require illegal conduct."
Court Upholds Removal of Child From Parents, Related to Child's Transgender Identity
The facts are complicated, and involve a good deal more than just disagreement as to gender identity; but it seems to me like an important controversy.
No First Amendment Right to Publish Videos of Depositions
A court may impose restrictions on redistribution of material obtained through court-ordered discovery (as opposed to obtained through other means)—though if the depositions are quoted in court filings or played in court, the material used would "become part of the public record, creating a presumption of public access."
Ex-Congressman Alan Grayson Loses Libel Claim Before Eleventh Circuit
"The defendants' [reliance] on ... source materials, including an official congressional report, articles in well-known newspapers and magazines, and police reports ... '... alone ... defeat[s] any claim of actual malice.'"
Ninth Circuit Reverses "Provisional" Sealing of Appellate Brief in Interesting Free Speech Case
Appellate briefs need to be treated as public documents, and (I argued) shouldn't be "provisionally" sealed for months or years without findings that such sealing (or, more often, redaction) is genuinely necessary.
Lawsuit by SJSU Professor Who Opposes "Repatriation of Native American Remains" Can Go Forward
Prof. Elizabeth Weiss claims SJSU retaliated against her for her speech.
#TheyLied Libel Claims Can Go Forward with Sufficient Evidence of "Actual Malice"
"We ... recognize ... that allowing this case to move forward could embolden abusers ... and could discourage victims and their families from seeking help. But, at the same time, we must acknowledge the potential for false accusations and the right that someone who is falsely accused has to recover for the harm thereby caused."
Church's Standard Commercial Lease Forbids "Offensive" "Activity"; Does That Cover Offensive Sermons
when the sermons lead to protests? That question is pending in Texas court.
[UPDATED] Is Sixth-Grader Telling Classmate His Hairstyle Makes Him Look Like Trump "Harassment, Intimidation, or Bullying"?
UPDATE: But wait! It turns out the decision was overturned on appeal, see below. (I've changed the title to a question; it originally said such a statement was indeed "harassment, intimidation, or bullying," summarizing the initial decision.)
