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
Anti-Israel Advocacy at University Doesn't Create Illegal "Hostile Environment" for Israeli Citizens or Jews
The same logic, of course, would apply to criticism of other countries and governments, such as China, Russia, the Palestinian government, and more.
"Facing Fearful Odds"
Some lines that are often (perhaps unfortunately) omitted when this poem is quoted.
Calling Police Officer "Pig," "Terrorist," "Punk Ass," and "Bitch" in Facebook Comments Not Obscene After All
So a federal district court held, reversing an earlier magistrate judge ruling on this point; the court also rejected the view that the Free Press Clause only protects "members of the press."
"Should We Regulate Foreign Speech?"
Some thoughts for me responding to Rick Hasen's, in a Balkinization symposium on Rick's new book, "Cheap Speech: How Disinformation Poisons Our Politics—and How to Cure It"
Thursday Open Thread
What's on your mind?
D.A.'s Office Letter That Opposed Parole for Man Now Arrested in Connection with Sacramento Killings of Six
The letter is dated April 29, 2021, when Martin was three years into a 10-year sentence for a brutal assault on his girlfriend; he was released in February.
Washington S. Ct. Reverses Attempted Child Rape Conviction, Remands for Retrial with Entrapment Instruction
An interesting illustration of the difference between the police merely providing an opportunity to commit an offense (in which case the offense is a crime, even if the intended victims don't exist) and the police inducing someone to commit a crime, which can give rise to an entrapment defense that the jury must consider.
Now There's a Trademark Issue for You
"They should be paying us for burnishment—not suing us for tarnishment."
Thursday Open Thread
What's on your mind?
Lawyer Gets Harassment Restraining Order Against Ex-Clients Based on (Among Other Things) Online Criticism
No, says the Appeals Court of Massachusetts: "We take this opportunity to reiterate that, where a c. 258E order is sought on the basis of speech alone, the plaintiff must prove that the speech rose to the level of true threats or fighting words and not merely that it was 'harassing, intimidating, or abusive in the colloquial sense.'"
Trial Court Focused Too Much on Racial Slurs by Defendant Towards Police Officers
So holds the California Court of Appeal, in sending back to a different judge defendant's motion to retroactively downgrade her conviction (for non-slur resistance to the officers) to a misdemeanor.
Police Officer Gets Critic Prosecuted for "Harassment," Based on Critical Online Posts
Now the critic's First Amendment lawsuit over this (and other matters) can go forward.
Does Ban on Carrying Weapons "Inside Any Building in Which Judicial Proceedings Are in Progress" …
apply to a judge's home when the judge is participating in judicial proceedings remotely?
From Yale Law's Dean on the March 10 Protest
"This is an institution of higher learning, not a town square, and no one should interfere with others' efforts to carry on activities on campus. YLS is a professional school, and this is not how lawyers interact."
"Oh How Good / Our Bad Life Was" -- "That Era Is Over"
From a prominent Russian singer, apparently referring to pre-war Russia.
Old Man Archimedes (ДедАрхимед)
An excellent series of short Russian-language satires on Russian politics (including the war).
Thursday Open Thread
What's on your mind?
"Bullying and Harassing Behavior Are Prohibited on Social Media Platforms," Says Alaska Senate Bill
What counts as "bullying and harassing" behavior, you might ask? The bill doesn't say.
