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
AWDWIK & AWDWIKISI: What Do They Mean?
That's today's puzzle. No fair peeking!
S. Ct. Denies Review of Eighth Circuit En Banc Case Upholding Arkansas "Anti-BDS" Statute
The statute required no-boycott-of-Israel terms in Arkansas government contracts; the Eighth Circuit had held that the law doesn't violate the First Amendment.
Gonzalez v. Google Liveblog, in Progress
Moderated by Kate Klonick, with Mary Anne Franks, Mike Godwin, James Grimmelmann, Gus Hurwitz, Jeff Kosseff, Emma Llanso, Alan Rozenshtein, Benjamin Wittes, Jonathan Zittrain, and me.
No First Amendment Problem with Searching Records of E-Mail Account "PedoZack82@gmail.com,"
when the user had also posted a Match.com entry saying "MAP 4-10," and there was police testimony that "MAP" means "minor attracted person" and "4-10" was the age of the children in whom he was interested.
Private Gun Carriers' Self-Defense Against Public Shooters
The El Paso incident from a few days ago, the FBI 2021 statistics, and more.
Right of Access to Court Records Applies Even Absent Any Current "Substantial Public Interest in This Case"
"[P]ublic access is designed not only to allow the press and the public to follow high-profile cases, but also to permit ongoing and future access. Law students or legal scholars review case files for law review articles, attorneys review past cases when similar litigation arises, and litigation may be a source of information for policy-makers considering, for example, safety regulations or for journalists reporting more broadly on either the courts or the subject matter of particular litigation."
Public University Committee Members' Names Aren't Protected by the Right of Expressive Association
The University of Washington thus wasn't barred by the First Amendment from disclosing such names in response to a People for the Ethical Treatment of Animals public records request.
Private College Coaches' Flexibility to Eject Team Members Based on Condemnation by Teammates
"Coaches must generally consider a variety of factors—both objective and subjective—in managing a team, and these factors include concerns about distractions, team cohesion, and morale."
Plaintiffs "Played Spanish Music at Home"; Neighbors "Complained to the Police"; Tort Litigation Ensued
No success for the plaintiffs, at least at this stage.
Once Upon a Time in the California Court of Appeal
Quentin Tarantino's Once Upon a Time in Hollywood doesn't infringe 1960s actor Christopher Jones' right of publicity.
Prof. Cynthia Estlund (NYU) in the Journal of Free Speech Law on "Can Employees Have Free Speech Rights …
... Without Due Process Rights (in the Private Sector Workplace)?"
Insurance Company Not Allowed to Litigate Under the Name of a Stranger
"Progressive has filed a Motion in Limine seeking to preclude references at trial to Progressive as the named defendant. Progressive contends it would suffer unfair prejudice if a jury was aware of its relationship to this action. Thus, Progressive requests that the parties use the name of the non-party driver as the defendant."
No First Amendment Protection for 12 Cypress Trees,
when plaintiff's "connection to his trees [was] rooted in a vague and indeterminate concept of spirituality, quantum physics, and cosmic mechanics."
Phoenix's Delegation to NFL of Power Over Signs Near Super Bowl Violated First Amendment, and
was an unconstitutional delegation of government power, an Arizona trial judge held.
Federalist Society Panel on "Discussion, Coercion, and the Pursuit of Truth" at Law Schools
The panel was moderated by Fifth Circuit Judge James Ho, and included former Solicitor General Paul Clement, Prof. Renee Lettow Lerner, legal journalist David Lat, lawyer Jay Edelson, and me.
Illinois Appellate Court Reverses Conviction for Threatening a Judge
A defendant's telling his lawyer, "when I get out of here, I'm going to get that judge" and "I don't make threats[,] I make promises" isn't a true threat, the court holds.
GWU Law Student Gov't Directs People to Stop Saying/Writing "Illegal," "Alien," and "Assimilation" re: Immigration
It's the "Immigration - Written and Oral Reform Declaration (I-WORD) Joint Resolution" from 2021.
