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
Slurs Posted from High School Campus Can Be Punished Even If They Aren't "Disruptive" or "Fighting Words"
The result might have been different "if plaintiff's speech had occurred off-campus."
Court Declines to Enter TRO Ordering Defendants to "Retract … Complaints … to Amazon"
The court so holds as a matter of the law of remedies, though I think such an order would generally be an unconstitutional prior restraint as well.
When Is it a Taking of Private Property to Bar a Property Owner from Excluding Unwanted Visitors?
Understanding the scope of Cedar Point Nursery v. Hassid.
Mainstream Political Argument Forbidden "in the Modern Public Square" of Facebook
Sen. Marsha Blackburn's "Biological men have no place in women's sports" post was apparently blocked as "hate speech."
Court Upholds Denial of Restraining Order for "Online Rants That [We]re False" About Petitioner
The trial court reasoned: "You guys ... have a spat on Facebook.... Nobody cares about these s[p]ats. Just block them and move on."
What Is the Only State For Which the 2-Letter Postal Code Was Changed, and Why?
The codes were first adopted in 1963.
U.S. Senate Candidate Alan Grayson Loses Libel Lawsuit
Criticism of Grayson (who's now running in the 2022 Florida Senate primary) in his losing 2018 House campaign was based on "articles by independent, reputable sources," and there wasn't clear and convincing evidence that the defendants knew their statements were false or likely false (the so-called "actual malice" standard).
Thursday Open Thread
What's on your mind?
Court Rejects Lawsuit Against Teacher's Aide Who Criticized Student Who Had Committed Suicide
The student's mother alleged that he had been bullied and the school district had done nothing to protect him; the teacher's aide responded in an online public discussion, saying (among other things) that the student had been doing the bullying; the parents sued.
"May Be The Most Helpful Brief I've Ever Read,"
said Judge Vince Chhabria (N.D. Cal.) about this amicus brief from Paul Alan Levy (Public Citizen) and Phillip R. Malone of the Juelsgaard I/P and Innovation Clinic (at Stanford).
Does the First Amendment Bar Public Schools from Removing Library Books Based on Their Viewpoints?
The Supreme Court split on this 4-4 in 1982, and the matter remains unsettled.
Special Signage Requirement for "Trans-Inclusive" Restrooms Unconstitutionally Compels Business's Speech
So holds a federal district court today; striking down a Tennessee statute.
Lawyer's Asking School Employee Whether She Had Ever Kissed a Woman Not Workplace Harassment,
when the lawyers are investigating allegations that the employee "had romantic or sexual feelings for one of the students she coached."
Florida Bans Residential Picketing with "Intent to Harass or Disturb" -- but What Exactly Does That Mean?
A content-neutral ban on all residential picketing would be constitutional; but the "intent to harass or disturb" limitation may make the law unconstitutional or ineffective.
Grandmother of Dead Child May Post Child Protection Services Documents That Are Confidential Under State Law,
but that she received from the lawyers for the man accused of killing him.
Linking Fired Women's Gymnastics Coach to Sex Abuser Larry Nassar Could Be "Libel by Implication"
So the Michigan Court of Appeals held Thursday, in a case brought by the former head women's gymnastics coach at Central Michigan University.
Ninth Circuit Upholds Dismissal of Claim Alleging Unconstitutional Police Mishandling of Rape Accusations
Plaintiff had shown the police cell phone messages in which she “casually discussed the sexual activity that occurred the night of the alleged rape and agreed to meet [the person she was accusing] again for a future sexual encounter,” and “told the alleged assailant that she ‘could make him lose his job’ after she discovered that he had remained active on the online dating website where they met.”
Ninth Circuit Upholds Dismissal of Arizona State's Trademark Lawsuit Over ASU_Covid.Parties Instagram Account
The account posted items such as (in mid-2020), "ASU: No More Social Distancing. No More Masks. It Is Time to Party!"
Libel Lawsuit Over Investigation of Alleged Slur at Polo Match Dismissed
The U.S. Polo Association investigation exonerated the plaintiff, but the plaintiff still sued the USPA for libel.
Thursday Open Thread
What's on your mind?
Teacher Has Free Exercise Clause Right to Tell Parents About Their Children's "Preferred Names and Pronouns,"
despite a school policy that generally bars teachers from doing so. (For my views on the question, see the end of the post.)
