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
Libel! I Wasn't Accused of Killing Anyone in April -- Only in May
From a libel case filed by accused triple murderer Brice Rhodes
Panel-Packing in the Massachusetts Appeals Court
Legit, but odd.
Nicholas Sandmann's Libel Lawsuits Against Several Media Outlets Dismissed
All the lawsuits stem from the media's quoting Nathan Phillips' claims that Sandmann was "block[ing Phillips'] way" at a demonstration by the Lincoln Memorial.
No Pseudonymity in Disability Discrimination Lawsuit Over State Bar Character & Fitness Inquiry
"[H]arm to one's reputation or injury to one's standing in the community does not warrant a deviation from the strong presumption of public access[.]"
Parties Can't Seal Entire (Settled) Case Despite Risk of "Reputational Damage and Embarrassment"
"[W]e apply the strongest presumption of public access to the Memorandum Opinion issued by this Court ..., which, as an official decision of the Court, is considered the 'quintessential business of the public's institutions,' and is 'core to the transparency of the court's decisionmaking process.''"
Court Makes It Easier for Plaintiffs to Win Libel Lawsuits Against #MeToo Claimants
A potentially very important 2-1 decision today from the Minnesota Court of Appeals, which held that such a #MeToo post wasn’t on a “matter of public concern,” and was thus less protected by the First Amendment.
Court Voids Injunction Blocking Newspaper from Publishing Erroneously Released Names of Police in Shooting
The Florida "Marsy's Law," which protects crime victims, doesn't affect the analysis, even if police officers are treated as victims of the person they shot (who they say was threatening them with a knife).
They Don't Call It "Go Ogle" for Nothing …
The Second Circuit gives "Google for a search engine" as an example of "Arbitrary and fanciful marks—i.e., those that make no logical reference to the product or service on which they are used." Yeah, right.
Incumbents' Political Campaign Facebook Pages Aren't Public Fora,
so viewpoint-based blocking of commenters doesn't violate the First Amendment.
Court Allows Sealing of Filings Related to Alleged Federal Prosecutor Misconduct
"There is no question that inaccurate statements were made by the government as part of these proceedings—to both Judge Schroeder and the undersigned"—but it appears that the details of this alleged misconduct remain sealed.
Court Blocks School Board's Exclusion of Critic from School Board Meetings (and Other School Functions)
"[I]t is hard to shake the sense that the School Board is restricting the speech because the Board disagrees with both Mr. McBreairty's opinions and the unpleasantness that accompanies them."
Lawsuit Alleges that Judges Delegate Pretrial Release Decisions to County Officials
The claims come in a lawsuit against Prince George's County (Md.).
#TheyLied (or #TheyWereNegligent) Libel Claim Based on Allegations of Rape of Third Party Student Can Proceed
Among other things, "A jury could reasonably conclude that, before making so weighty an accusation as rape based on nothing more than hearsay evidence, the prudent person would, at a minimum, want to hear the other person's side of the story."
Dismissal of Libel Lawsuit Over Gallaudet U's Allegation that Frat Has "Become the Face of Systemic Racism"
The lawsuit, which stems from statements about the fraternity’s use of a salute that looks similar to a Nazi salute and robes that some viewed as similar to Klan robes was rejected chiefly on the grounds that the statement was about the fraternity not the plaintiff, and was in any event opinion.
