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
Pro-Israel Jewish Students Suing Haverford College for Hostile Environment Harassment Can Proceed Pseudonymously
"[T]he presence of masked protesters in the room, who defied the authority of Haverford administrators and had to be removed by campus security, with a chanting group of protestors outside, would reasonably be viewed as a form of intimidation going far beyond the 'normal' chaos of a confrontational campus protest."
Can You Sue Over Assurances Made by Company's Customer Service AI Chatbot?
Maybe, but not in this particular case, a federal court rules.
"A Lawsuit Is a Fruit Tree Planted in a Lawyer's Garden"
An Italian proverb, which I just learned yesterday.
Tuesday Media Recommendations: Science Fiction or Fantasy TV Shows
Post your recommendations in the comments; other weeks, there'll be other posts for other topics and other formats.
Interesting Illustration of International Subpoenas Aimed at Identifying Alleged Online Defamers
The case indirectly involves a long and messy divorce dispute between a Korean billionaire tech CEO (chairman of the third-largest South Korean company) and the daughter of South Korea's first democratically elected President.
No Pseudonymity for Plaintiffs Challenging Employer's COVID-19 Protocols
"[C]ourts should not permit parties to proceed pseudonymously just to protect the parties' professional or economic life."
Minneapolis Doctor Sufficiently Alleged Demotion Based in Part on Anti-Woke Speech in 2020
"Dr. Gustilo made ... posts ... concerning controversial political issues including presidential candidates, fascism, racism, police killings, Black Lives Matter, socialism, and COVID.... [She alleged she] 'also began to voice ... opposition to critical race theory ..., because CRT theorists “reject the principle of equality under the law” and “warn[ ] people of color against ‘internalized whiteness.’"'"
Challengers Have Standing to Challenge Connecticut "Harassment" Ban for Lawyers
The Second Circuit holds that the challengers sufficiently alleged that the ban is broad enough to cover their constitutionally protected speech (including speech that may offend some based on gender identity, race, religion, and more); the court didn't reach the question whether the ban actually violates the First Amendment, which the trial court will now have to take up.
City's Christmas Parade May Not Exclude Pride Float Because Risk of Thrown Objects or Slashed Tires
The court rejects the City's action as implementing a "heckler's veto."
Olivet University "Pled Guilty to Conspiracy to Commit Money Laundering"; Newsweek Reported That as "Pleaded Guilty to Money Laundering"
Not libel, says the Second Circuit: "the truth is so near to the facts as published that ... no legal harm has been done."
Plaintiff "Spraypainted a Picture of an Ejaculating Penis and the Slur 'Fag' on the Sidewalk Leading up to the Jewish Resource Center"
Is it libelous to (1) accuse him of "antisemitism" and (2) accuse him (incorrectly) of having painted a swastika?
Defendant "Allegedly Provided Confidential Information About Dissident Saudi Twitter Users to a Close Associate Of [Saudi] Crown Prince Mohammed Bin Salman"
The Ninth Circuit upholds defendant’s conviction.
Court Rejects Promissory Estoppel Claim by Lawyer Whose Job Offer Was Revoked for Speech About Israeli Retaliation Against Gaza
"Plaintiff offers no evidence to support a finding that Defendant's promise of support was an unambiguous promise to not penalize Plaintiff for any actions she took as long as she believed they were in support of her Arab Muslim heritage."
Eighth Circuit Grants Rehearing En Banc as to Whether "Equity Training" Requirement for Public Employees Violates First Amendment, …
including when employees were required to "correctly" answer multiple choice questions based on the training content.
Speech to Idaho Minors Urging Them to Get Legal Out-of-State Abortions Protected by First Amendment, Even When …
it's intended "to conceal the abortion from the minor's parents or guardian," holds a Ninth Circuit panel. But the panel rejects a challenge to restrictions on "harboring" or "transporting" the minor under such circumstances.
"Beautiful," "Exceptional" "Design" Test for Sunset Strip Billboard Approval Violates First Amendment
This is in West Hollywood, right near where I lived for a while; many of the Sunset Strip billboards are indeed visually striking, but that doesn't mean the permitting scheme can rely on city officials' aesthetic judgments.
