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
What Are Ya, Some Kind of Comedian?
Qualified immunity denied in case alleging a probable-cause-less arrest based on plaintiff's (comedian Hannibal Buress's) speech "roast[ing a police officer's] ass."
N.J. Supreme Court: "Danger Invites Rescue" Doctrine Doesn't Apply to Attempts to Save Pets
If Ann saves Beau from peril, and is injured in the process, she could sue whoever negligently endangered Beau (that's the "danger invites rescue" doctrine). But the court holds this doesn't apply if Beau is a dog.
"[W]ell, People Really Be Tellin', People Be Tellin'. That Is Not Right, That Is Not Right."
A Snapchat post containing this line and "a copy of the police report summarizing [a witness's] identification of [a person] as the shooter" leads to a four-year prison sentence for witness tampering; a New Jersey court says the post is a constitutionally unprotected true threat of violence.
Seventh Circuit Reinstates Lawsuit Over School Ban on T-Shirts That Depict Guns,
and reverses a precedent that suggested that viewpoint-neutral speech restrictions in public K-12 schools are generally permissible.
Institute for Free Speech Looking for Litigator (with 7+ Years of Experience)
One of the very few jobs where you'd get to litigate free speech law every day
Not Libel or IIED to Accuse Ex-Son-in-Law of Trying to Turn His Daughter (Accuser's Granddaughter) Lesbian,
at least in text messages to the grandchildren.
$125K Libel Punitive Award Excessive When Jury Found No Compensatory Damages
The award was entered against entertainment executive Damon Anthony Dash, former business partner of Jay-Z; $650K in libel damages to another plaintiff, plus likely $25K of the $125K, remain.
No First Amendment Problem with Routine Anonymous Criminal Juries
"[I]n this internet age, where jurors' names can trigger lightning-fast access to a wealth of biographical information, including addresses, any slightly positive role in divulging jurors' names to the public is outweighed by the risk to jury integrity."
Texas Ban on "Transmitting" Nude Photos Without Request or Consent: Does It Apply Just to Posting Them Online?
It looks like it was intended to cover unwanted sexual images sent to a particular person, but its text seems broad enough to potentially cover even posting things on your own site.
Court Limits Ban on Speech That Causes "Substantial Emotional Distress" with "Intent to Harass or Intimdate"
The court concludes that the federal "cyberstalking" statute covers only speech intended to "put the victim in fear of death or bodily injury" or to "distress the victim by threatening, intimidating, or the like."
The Ukraine v. Ukraine, Kiev v. Kyiv, Turkey v. Türkiye, Moscow v. Moskva
English names for foreign places have long differed, in many situations, from the local names. (And that's likely true of most languages.)
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."
