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
Federal Court Decides on How Lockerbie Crash Victims' Relatives Can View Accused Terrorist's Criminal Trial Remotely
The court "grant[s] victims access to non-evidentiary pretrial proceedings from their homes and offices by Zoom and telephone, as well as access to livestreamed video and audio feeds of evidentiary and trial proceedings in courthouses across the United States and other secure, monitored locations around the world."
"He Admitted Receiving the Password" for the Laptop, but "It Took Him Over an Hour to Log In"
Defamation litigation ensues.
Shareholder Derivative Lawsuit Against Fox Officers and Directors Over Fox $787M Libel Settlement Can Go Forward
"[T]he complaint alleges facts sufficient to raise a reasonable doubt that at least three other directors lack independence from Murdoch."
Bringing Shame on the Family Name
"The articles, from the York Daily Record and FOX43 websites, detailed an incident in which Father was 'found sleeping half-naked in his car at a Rutter's store' and offered an investigating officer $50 instead of his license. The articles indicate that Father was charged with DUI, indecent exposure, open lewdness, and other related charges."
No Sealing of Transgender Prisoner's Case
The prisoner had argued that other inmates were accessing the case documents, and as a result were urging other inmates to beat, rape, and kill the prisoner, apparently because of information in the court file related to the crime of which the prisoner had been convicted.
Did Defendant and His Girlfriend Marry Just so She Could Refuse to Testify Against Him?
Yes, says the court, partly because of evidence that the defendant really didn't like her any more.
Plaintiff Suing Sean Combs / P. Diddy and Shawn Carter / Jay-Z Can Proceed Pseudonymously
This further adds to the split among Manhattan federal judges as to pseudonymity in the various Doe v. Combs cases.
Court Orders Unsealing of Part of Declaration by Giuliani's Ex-Lawyers in Georgia Election Workers' Defamation Case
"To permit Defendant to claim that he had instructed his lawyers to comply with all court orders including those requiring electronic production and that it was Prior Counsel who were responsible for the misdeeds that have plagued this case, while sitting on declarations in the court file that belie those claims, would permit him to make a 'mockery' of the court and its proceedings. "
Court Dismisses Defamation Suit Filed by Jussie Smollett's Hoax Attackers
The Osundairo brothers sued Smollett's lawyer for suggesting that they might have put on white makeup for the hoax.
Trump Media & Technology Group Loses Lawsuit Against Washington Post Over Story About Trump Social Deal
The statements were true or at least substantially true, the court concludes, plus Trump Media failed to adequately allege knowing or reckless falsehood on the Post's part.
Court Blocks Arkansas Law That Limits "Harmful to Minors" Books in Public Libraries and Bookstores, and Also
limits "inappropriate" books in libraries.
"Not Only Is [the Race Discrimination Plaintiff] a Perpetual Claimant, He Is a Holdup Artist"
A judge sanctions a self-represented litigant who threatened to contact defendant's donors as a means of trying to pressure defendant into settling.
Much of Government Response to Parent's Criticism of School Board "Was Beyond the Pale," but Can't Justify an Injunction …
because there's not enough evidence that the response would recur (which is what is required for an injunction, which is a forward-looking remedy).
Allegation: Carnegie Mellon Prof to Jewish Student: Time on Jewish-Related Project "Would Have Been Better Spent" Exploring "What Jews Do To Make Themselves Such a Hated Group"
A federal judge has allowed the (now-graduated) student's discrimination, harassment, retaliation, and breach of contract case to go forward.
Odds Are Against TikTok at the Supreme Court
It seems unlikely that five Justices will buy TikTok's First Amendment arguments when neither Judge Douglas Ginsburg nor Judge Neomi Rao nor Chief Judge Sri Srinivasan did so.
Judge Rejects Meta's Attempt to Seal Various Information About Moderating Practices
"The manner in which Meta moderates content from an adult platform competing with OnlyFans versus content that originates from OnlyFans is directly at issue. Therefore, Meta's general policies which articulate the extent to which sexual content is permitted on any of Meta's social media platforms are also relevant."
After Plaintiff "Criticized the City Manager …, the Manager Complained About Him to the Police."
"Two officers convinced a prosecutor to charge Blackwell with stalking. But a judge acquitted him. Blackwell then sued the manager and officers for violating the First Amendment by inducing this prosecution in retaliation for his political speech."
Does Your Law Review's Cite-Checking Process Include Retraction Checking for Cited Scientific Articles?
It's analogous to checking whether a case has been overruled, or whether a statute has been repealed.
Rape Allegations in #TheyLied Defamation Lawsuit Aren't on a Matter of "Public Interest," Says N.Y. Judge
"M.V. ... [sued] J.T., alleging that this action arises out of a personal vendetta and jealous revenge plot by J.T. to destroy his life and reputation. M.V. asserts that, intent on causing him maximum damage after he finally ended their casual, on-and-off sexual relationship that spanned years including through their time together in college, J.T. knowingly published numerous false and defamatory statements to the social media application YikYak, falsely accusing M.V. of rape ...."
