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
Brief from Prof. Justin Driver (Yale) and Me in School Curriculum / Religious Opt-Out Case
"This Court should not announce an opt-out right for religious objectors under the Free Exercise Clause that its precedents would foreclose for students objecting to public-school curricula under the Free Speech Clause."
Can Harvard Lose Tax Exemption for "Pushing Political, Ideological, and Terrorist Inspired/Supporting 'Sickness'"?
Just as the government can't generally deny tax exemptions to groups that engage in supposed "hate speech," so it may not deny tax exemptions to universities that promote or tolerate ideological agendas that the government disapproves of.
Pseudonymity Allowed (for Now) in Lawsuit Against Palestinian Student Groups
But one of the pro-pseudonymity decisions on which the court relies (which also involved a lawsuit alleging anti-Semitic behavior) was actually reversed two weeks ago.
"The Supreme Court Is Not Cowering Before Trump on the Shadow Docket"
"Nor is it taking a new approach."
No Closed Trial, Pseudonymity at Trial, or Audio-Only Testimony for Billion-Dollar Maine Lottery Winner
"However legitimate [plaintiff's] concerns, a party's wealth alone is not a legitimate reason to restrict the right of public access."
School Contractor Allegedly Fired for Complaining About Drag Show for Students in Grades 7-12
A federal court has allowed the contractor's claim to go forward, denying defendants' motion to dismiss (though of course the facts remain to be ascertained at trial or summary judgment).
Lawsuit Over UC Berkeley's Alleged Toleration of Anti-Semitism …
can go forward in part, a federal trial judge concludes.
"The 2024 Presidential Campaign Saw a Massive Disinformation and Misinformation Campaign, …
which likely helped bring the current administration into power."
Paul Clement's Argument Against the Executive Order Targeting the WilmerHale Law Firm
It's a lawyer's argument, not an attempt at objective analysis. But I think that on balance it is generally quite correct, and powerfully framed.
Sixth Circuit Won't Hear Pre-Final-Judgment Appeal in Case Alleging Ohio School "Encouraged Young Children to Become Transgender …
and then lied to parents about what was happening." Because some claims remain undecided in trial court, the court of appeals holds it lacks jurisdiction over the appeal.
Black Student Expelled for Sexual Assault of White Classmate Seeks Pseudonymity Partly Because "Interracial Sexual Relationships …
between White women and Black men are the subject of heightened prejudice and violent responses that create a tangible risk of retaliation and animus against him."
Ninth Circuit Declines to Block Idaho's "Biological Sex" Restrictions for Multi-Occupancy School Restrooms, Locker Rooms, and Shower Rooms
The court leaves open, though, the possibility that a narrower challenge aimed just at restrooms with closed stalls, where students wouldn't generally be partly or fully undressed where others can see them.
Libel Claims by The Satanic Temple Against Newsweek Over Sexual Abuse Allegations …
thrown out for lack of evidence of "actual malice" (i.e., knowing or reckless falsehood on Newsweek's part).
Parent Submits Photo of School Postings to LibsOfTikTok, Gets Restricted from Accessing School Property or Events
A federal court, however, has now largely blocked this restriction; the court rejected the argument that the parent violated the school's "bullying" policy.
11 Court Opinions in the Last 30 Days Mention AI-Hallucinated Material, and …
that's likely just the tip of the iceberg.
