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
Anonymity and Pro-Abortion-Rights Initiatives and Referenda
What kind of a showing of possible "harassment" or "reprisals" must backers of such ballot measures make to keep petition signatures (and financial contributions) from becoming public records?
State Trooper Suing Andrew Cuomo for Harassment Can Be Pseudonymous, Because the Case Is "High-Profile"
The court's view appears to be that, the more public interest in a case, the less the public is entitled to know.
Thursday Open Thread
What's on your mind?
New N.Y. Law Aimed at Getting Social Media Platforms to Restrict "Hateful" Speech
Its operative provisions just require social media platforms to create a mechanism for taking complaints about such "hateful" speech; but the title is "hateful conduct prohibited," and it's clear the legislature is trying to get social media platforms to restrict such speech more.
"The Possibility of Prosecuting Federal Court Leakers—Update & Rejoinder"
Former prosecutors Markus Funk and Andrew S. Boutros, and Judge Virginia Kendall, delve further into this fascinating question.
What are Georgetown Professors Forbidden to Say?
Under the reasoning of the Georgetown University Office of Institutional Diversity, Equity & Affirmative Action (IDEAA) report in the Ilya Shapiro matter, a wide range of public speech criticizing religions, political parties, veterans, etc. could be "prohibit[ed] harassment."
Targeting Employee for Op-Ed Criticizing "Anti-Racism" Because She's White May Be Race Discrimination
but because here the employer's (and union's) actions were basically just an incident of public criticism, they didn't qualify as hostile environment harassment (and the employee wasn't fired or demoted).
Lawsuit Against Kevin Spacey for Allegedly Touching Minor's "Intimate Parts" Can Proceed
Under N.Y. law, the court holds, a jury could find that the alleged touching could qualify as touching of "intimate parts," based on its context.
FIRE Branches Out into Free Speech Beyond Universities, Planning $75M Litigation and Public Education Campaign
The Foundation for Individual Rights in Education is becoming the Foundation for Individual Rights and Expression.
"He Is Right Who Is Defending His Home"
"Our generation always understood each other without borders and passports / There, where we sang about friendship, today people dream only of complete revenge / All that normal people built over the years—all is obliterated."
Small-Town Political Libel
"[L]iability clearly does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities."
6 Months in Jail for Speaking to Newspaper About Your Court Case
In most states, if a court issues a gag order and you don't appeal it, you can go to jail for violating it even if you later argue that it violates your First Amendment rights.
Court Dismisses Defamation Lawsuit Over "Woman Accused of Defaming Dozens Online Is Arrested"
The case may get refiled, but it’s not looking promising.
Second Circuit Judge José Cabranes on "Deeply Troubling Aspects of Contemporary University Procedures"
"[T]hese threats to due process and academic freedom are matters of life and death for our great universities. It is incumbent upon their leaders to reverse the disturbing trend of indifference to these threats, or simple immobilization due to fear of internal constituencies of the 'virtuous' determined to lunge for influence or settle scores against outspoken colleagues."
Thursday Open Thread
What's on your mind?
May Public Pension Plan Managers Use "Environmental, Social, and Governance" Investment Practices?
"[P]olitics has no place in Kentucky's public pensions.... '[S]takeholder capitalism' and 'environmental, social, and governance' investment practices that introduce mixed motivations to investment decisions are inconsistent with Kentucky law governing fiduciary duties owed by investment management firms to Kentucky's public pension plans."
Federal Civil Rights Claim Over "Trump Train" / Biden Campaign Bus Incident Can Go Forward
A federal statute imposes liability for conspiracies "to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner" for the election of federal candidates, or for "injur[ing] any citizen in person or property on account of such support or advocacy."
"The ACLU Never Stopped Defending Free Speech"
David Cole writes, Ira Glasser and Wendy Kaminer respond. [UPDATE: Added Cole's reply.]
