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
Hearsay Evidence Admissible in Gun Violence Restraining Order Proceedings
So holds a California appellate panel, by a 2-1 vote.
No Pseudonymity in Case Alleging Disability Discrimination Based on "Major Depressive Disorder"
“[I]t is reasonable to expect the person invoking the Court’s jurisdiction to set aside some of his privacy. Many statutes, such as the ADA [...] require a plaintiff to set aside his [] privacy and disclose information that he [] may otherwise wish to keep confidential.”
Court Orders Employer Not to Report Employee's Husband to Immigration Authorities
The employer had apparently threatened to do so as retaliation for the plaintiff's wage-and-hour violation claim.
Military Law Doesn't Clearly Forbid Private Masturbation With Child-Like Sex Doll
The U.S. Air Force Court of Criminal Appeals doesn't resolve whether such conduct is substantively constitutionally protected from criminal punishment, but holds that military law didn't put the defendant on notice that the conduct was illegal.
Journal of Free Speech Law: "Why Freedom of Expression Is Better Protected in Europe Than in the United States,"
by Prof. Thomas Hochmann (Univ. of Paris Nanterre), 2 J. Free Speech L. 63 (2022).
Cats: The Enemy of My Enemy Is My Friend Frenemy
"The human-cat relationship was probably forged over a shared interest in rats more than 10,000 years ago, investigators say."
No Gag Order Against Extrajudicial Commentary in AR-15-Related Intellectual Property Case
"Armory correctly notes the InRange Video and Recoil Article are accessible "to millions of people," as is anything posted publicly on the internet. Nonetheless, Armory fails to show the InRange Video or Recoil Article reached members of the potential jury pool, let alone irreparably tainted them."
"Free Speech, Same-Sex Marriage, and Anti-Discrimination Laws"
A podcast conversation on 303 Creative between Joshua Matz and me, hosted by Jeffrey Rosen.
Pseudonymity for Would-Be Lawyer Seeking Extra Time on Bar Exam for "Mental Health" Reasons
Among other things, the court concludes that, "given that Plaintiff alleges that his 'personal background as an Arab-American and Muslim' was in part responsible for his lack of a traditional diagnosis of ADHD, his personal background may make him particularly vulnerable to the harms of disclosure."
No Pseudonymity for Plaintiff in Action Claiming Florida Discriminates Based on Race in Funding Universities
Plaintiff "has alleged nothing suggesting he has any greater basis to fear retaliation than the plaintiffs in most discrimination cases."
Thursday Open Thread
What's on your mind?
"Sexually Tinged Words" to 10-Year-Old Insufficient to Prove Attempt to Sexually Assault / Entice into Car
An interesting illustration of the evidence required to prove an attempt to commit a crime.
School District Must Release E-Mail List of Parents to Whom It Sent Various Ideological Advocacy Messages
"[T]he District wants to be able to use government resources to collect and utilize these e-mail addresses to promote and advance the particular 'community outreach' issues and positions of District (government) leaders while denying others in the community the opportunity to utilize the e-mail addresses to share differing viewpoints."
Journal of Free Speech Law: "Hate Speech, Holy Prophets, and Human Rights: The Struggle for Free Speech from 1945–2021,"
by Jacob Mchangama (Justitia), Heini Skorini (Univ. of Faroe Islands) & Mathias Meier (Justitia).
Computer Code Can Be Regulated Because of What It Does, Even If Not Because of What It Says
The D.C. Circuit rejects a First Amendment challenge to the Digital Millennium Copyright Act's anticircumvention and antitrafficking provisions.
Ninth Circuit Orders Press Pass for The Gateway Pundit, Pending Appeal
The press pass is for election-related events connected to Maricopa County's ongoing ballot counting; the panel concluded that The Gateway Pundit was likely to succeed on its claim that the denial was unconstitutionally based on its viewpoints.
