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
Patent Law Opinion Can't Be Sealed to Avoid Hurting Plaintiff's Future Similar Lawsuits
[UPDATE: I've added comments from plaintiff's lawyer.]
Ninth Circuit Partly Affirms and Partly Reverses Judgment for Planned Parenthood Over Secret Recordings
"Journalism and investigative reporting have long served a critical role in our society. But journalism and investigative reporting do not require illegal conduct."
Court Upholds Removal of Child From Parents, Related to Child's Transgender Identity
The facts are complicated, and involve a good deal more than just disagreement as to gender identity; but it seems to me like an important controversy.
No First Amendment Right to Publish Videos of Depositions
A court may impose restrictions on redistribution of material obtained through court-ordered discovery (as opposed to obtained through other means)—though if the depositions are quoted in court filings or played in court, the material used would "become part of the public record, creating a presumption of public access."
Ex-Congressman Alan Grayson Loses Libel Claim Before Eleventh Circuit
"The defendants' [reliance] on ... source materials, including an official congressional report, articles in well-known newspapers and magazines, and police reports ... '... alone ... defeat[s] any claim of actual malice.'"
Ninth Circuit Reverses "Provisional" Sealing of Appellate Brief in Interesting Free Speech Case
Appellate briefs need to be treated as public documents, and (I argued) shouldn't be "provisionally" sealed for months or years without findings that such sealing (or, more often, redaction) is genuinely necessary.
Lawsuit by SJSU Professor Who Opposes "Repatriation of Native American Remains" Can Go Forward
Prof. Elizabeth Weiss claims SJSU retaliated against her for her speech.
#TheyLied Libel Claims Can Go Forward with Sufficient Evidence of "Actual Malice"
"We ... recognize ... that allowing this case to move forward could embolden abusers ... and could discourage victims and their families from seeking help. But, at the same time, we must acknowledge the potential for false accusations and the right that someone who is falsely accused has to recover for the harm thereby caused."
Church's Standard Commercial Lease Forbids "Offensive" "Activity"; Does That Cover Offensive Sermons
when the sermons lead to protests? That question is pending in Texas court.
[UPDATED] Is Sixth-Grader Telling Classmate His Hairstyle Makes Him Look Like Trump "Harassment, Intimidation, or Bullying"?
UPDATE: But wait! It turns out the decision was overturned on appeal, see below. (I've changed the title to a question; it originally said such a statement was indeed "harassment, intimidation, or bullying," summarizing the initial decision.)
Public Housing Complexes May Not Ban Gun Possession by Tenants
So holds the Tennessee Court of Appeals.
Yale Law School, Judge Ho, Neutrals, and Secondary Boycotts
Even when there's good reason to criticize universities, we should keep the students out of our battles.
"Face to Face": Dave Stewart's, Boris Grebenshchikov's, Serhii Babkin's, and Stevie Nicks's Ukraine War Song
Stewart (of the Eurythmics), Grebenshchikov (a Russian singer-songwriter, and one of “the ‘founding fathers’ of Russian rock music”), and Babkin (a Ukrainian singer-songwriter) put out a trilingual song, with harmonies by Stevie Nicks (Fleetwood Mac).
Obvious Gripe Site Isn't "False Personation"
“We conclude no reasonable person would believe Plummer created a website describing himself as vexatious, incompetent, or dishonest.”
No Implicit Requirement of Sharia Mediation or Arbitration
"Movants ... argue[] that Plaintiff's complaint fails to state a claim because the 'loan documents reflect the parties' agreement that Sharia law would govern their contractual relationship' and that '[p]ursuant to age old Islamic principles, parties are to pursue the alternative dispute resolution processes of mediation or arbitration before seeking adjudication of their quarrels.'"
Sometimes the Conspiracy Theorists Might Have Something of a Point: The Konnech Controversy
"District Attorney investigators found that in contradiction to the contract, information was stored on servers in the People's Republic of China."
Court Rejects Avas Flowers' Libel Claims
"The allegedly defamatory nature of this statement is the implication that Plaintiff holds itself out as a local business when it is not. But truth is an affirmative defense to defamation under Delaware law, and the ... Declaration [submitted by Avas] does not deny that Plaintiff maintains call centers abroad in locations such as Mexico or Asia."
