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
Visitors Sue Over National Air & Space Museum's Alleged Demand That They Remove "Rosary Pro-Life" Hats
"We are a museum that promotes equality, and your hats do not promote equality.”
"The Profit Motive: In Defense of Shareholder Value Maximization"
From my UCLA colleague Prof. Stephen Bainbridge.
Libel Lawsuit (Related to Causing-Suicide Allegations) Between Two Trans Political Commentators,
"Defendant White would go on to accuse Ms. Erlick of sexually abusing and—most importantly, including by Defendant White’s own reckoning—causing the death of the person (Danie) who made the accusation."
Throuple Trouble
Threats of suicide and of disclosing an ex's sexual orientation may count as threats for harassment purposes (for the non-polyamorous as much as for the polyamorous, of course).
School District Consents to Protecting Citizens' Rights to Read from School Library Books at Board Meetings
"The Court permanently enjoins the District ... from ... prohibit[ing] ... speakers ... from reading or quoting verbatim from the text of any book or written works available in any FCS library or classroom, while addressing the school board during the public-comment period at school board meetings."
Fifth Circuit Holds People Can't Be Disarmed Just Based on Civil Restraining Order
Judge James Ho concurs, adding "I write separately to point out that our Founders firmly believed in the fundamental role of government in protecting citizens against violence, as well as the individual right to keep and bear arms—and that these two principles are not inconsistent but entirely compatible with one another."
Lawsuit Over Blocking of Portland State Prof. Bruce Gilley from @UOEquity Twitter Feed Can Go Forward
"The evidence is sufficient to raise [but not to resolve] serious questions on the merits of Plaintiff's claim that Defendant stabin blocked him on account of his expression of a viewpoint."
Yale Law School Program with Kristin Waggoner (ADF), Nadine Strossen (ex-ACLU), and Robert Post (Former Dean)
seems to have gone very well.
Hamline Faculty Vote 71-12 to Ask University President to Step Down Over Muhammad Painting Firing Controversy
[UPDATE: Full faculty statement added.]
Good Batch of Recent Submissions to Journal of Free Speech Law -- but We're Looking for More
And we can publish them much more quickly than most major law reviews would.
Project Veritas, Exposer of Secrets, Successfully Seals Its Own, Gets Injunction Against Disclosure
"Respondent voluntarily resigned his position with Petitioner and allegedly embarked on a career as an adult film actor and standup comedian."
Disability Rights Objection to Washington Nationals' Face Mask Mandate Can Go Forward
So holds a district court, allowing a damages claim under D.C. law for the Nationals' refusing to exempt from the mandate a man who alleged "that he had a medical condition and, because of it, could not wear a mask."
Florida Legislature May Impose Penalties on Local Legislators Who Illegally Impose Gun Control Laws
So the Florida Supreme Court held today.
What Exactly Is "Manslaughter" in the Alec Baldwin Case?
Though "involuntary manslaughter" is defined by New Mexico statute to includes death caused by lack of "due caution," New Mexico precedent limits it to situations where the defendant had "subjective knowledge 'of the danger or risk to others posed by his or her actions.'"
Amicus Brief as to § 230(c)(1) in Gonzalez v. Google
(Note that this case is about immunity when Internet platforms provide access to material, not the separate question about immunity when Internet platforms block access to material.)
No Sealing or Pseudonymization of Opinion Related to Lawyer Discipline
The lawyer's "personal interest in avoiding the 'reputational harm' that she might suffer if the public were made aware of the 'very serious allegations here'" "cannot meet the 'weighty' standard for overriding the presumptions of open records and public access."
