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
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Court Strikes Allegations About Israeli History from Lawsuit Alleging Anti-Semitism at CUNY
"Requiring Defendant to either admit or deny allegations regarding historical events that took place in 136 C.E. would serve no purpose."
Elected Pennsylvania Supreme Court Justice David Wecht Switches from Democrat to Independent
"It is my hope that Pennsylvanians, and Americans, of all viewpoints and backgrounds will oppose and resist the scourge of Jew-hatred before it undermines what our ancestors have built here."
"New York Recognizes No Tort of 'Misgendering'"
The losing party on this had argued, "[The other party's lawyer] gives up the ghost as a transphobe twisting the First Amendment to mean, in effect, 'Intentionally misgendering you is free, not hate, speech,' a hollow, disingenuous notion echoing willfully ignorant, intellectually dishonest predators who weaponize incompetence as our social fabric tears at the seams in this 'Age of Information.'"
Father Free to Send Children to Church Camp During His Parenting Time, Even When Mother Objects to Church's Views on Women
"[A]bsent a clear showing of substantial harm to the child, the noncustodial parent retains his or her fundamental right to direct the child's religious upbringing during his or her parenting time."
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$5K Sanctions for Repeated Mis-Citation in Coomer v. Lindell / My Pillow Election-Related Libel Suit
“Mr. Kachouroff's statements to the Court in this case do not inspire confidence.”
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"Multi-Figure Verdicts"
I am certain that this claim is accurate.
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"Gaslighting" Isn't "Abuse" for Child Custody Law Purposes
So holds an Oregon appellate court.
Foreign Law in American Courts
United Arab Emirates Law and Maine Courts
An interesting illustration of how American courts handle (correctly, I think) foreign marriages.
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"[Anti-Harassment] Injunctions Are Not a Remedy for Interpersonal Conflict"
So reasons a Florida appellate court, though other courts in other states seem to take a different view.
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Free Speech Unmuted: "Defamacast" and More: How American Defamation Law Works
Jane and I lay out the structure of American defamation law, using the recent lawsuits brought by FBI Director Kash Patel as a launching point. Special bonus: Almost no discussion of New York Times v. Sullivan (an important case but one that listeners have doubtless heard much about elsewhere).
"Making Negative Statements" About People to Their Employers = Criminal Harassment
"[S]tatements made to third parties can be 'directed at' the victim," and thus criminal harassment if they're repeated and likely to cause serious annoyance or distress, "when they are designed to provoke an adverse consequence against the victim."
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D.C. Circuit Lets Pentagon Require That Journalists Be Escorted While in Pentagon
The panel (by a 2-1 vote) stayed a district court order that, among other things, blocked the newly established escort requirement.
