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
Journal of Free Speech Law: "Should We Trust the Censor?," by Keith E. Whittington
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
"We Need Not Apply Newton's First Law of Motion to Legal Precedent"
"[E]rroneous precedent once in motion need not stay in motion."
Journal of Free Speech Law: My "The Future of Government Pressure on Social Media Platforms"
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
Book Review (by Prof. Jacob Mchangama): "Fearless Speech" Doesn't Take First Amendment History Seriously
A review of Prof. Mary Anne Franks' new book, Fearless Speech: Breaking Free from the First Amendment (plus a response by Prof. Franks to Prof. Mchangama's Tweeted criticisms, and a reply by Prof. Mchangama).
Journal of Free Speech Law: "The Free Speech Clause as a Deregulatory Tool," by Alexander Tsesis
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
Texas Public University Restrictions on Anti-Israel Speech Likely Violate First Amendment
So holds a federal court (correctly, I think), considering restrictions that were prompted by Texas Governor Abbott's General Order GA-44.
Journal of Free Speech Law: "The First Amendment Meets the Virtual Public Square," by Allison Stanger
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
Recent Political Candidate Is Public Figure for Libel Law Purposes
The allegedly libelous claims about the candidate were made three months after he lost the election; a Magistrate Judge had held the candidate was no longer a public figure, but the District Court disagreed.
Massive Campaign of Online Insults Can Lead to Intentional Infliction of Emotional Distress Liability
The court also concluded defendant had libeled plaintiff, but the court held that even the nonlibelous expressions of opinion could lead to emotional distress liability. The total verdict of $6.8M.
"We Have the Zyklon B. Use Code 'GASTHEJEWS' for 10% Off!" Postcard Sent to Rabbi …
may be constitutionally unprotected threat.
Public Defender Disqualified from Case for Race-Related Statement in Plea Bargain Negotiations
A California appellate panel interprets California's Racial Justice Act.
Tuesday Media Recommendations: Nonfiction Science Books
Post your recommendations in the comments; other weeks, there'll be other posts for other topics and other formats.
No Pseudonymity for Israeli Suing Intel Over Layoff Allegedly Prompted by Complaints Over Boss's Allegedly Pro-Hamas Statements
"Plaintiff's allegations are emotionally and politically charged, and ... Plaintiff is a member of certain groups subject to discrimination. That, however, is true of a plethora of cases in the federal courts and has generally not been understood to authorize anonymous pleading."
Fifth Circuit Stays Broad Discovery Regarding Media Matters Donors in X v. Media Matters
The court concludes that X's requested discovery is broader than necessary, though it leaves open the door to some considerably narrower discovery.
Journal of Free Speech Law: "The Connected City of Ideas," by Robert Mark Simpson
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
Journal of Free Speech Law: "Academic Freedom & the Politics of the University," by Joan Wallach Scott
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
Journal of Free Speech Law: "The Unfortunate Consequences of a Misguided Free Speech Principle," by Robert Post
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
Journal of Free Speech Law: "The Fate of American Democracy Depends on Free Speech," by Suzanne Nossel
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
Court Order Requiring Removal of Reddit Criticism of Scientist/Consultant Vacated
Sarrita Adams, who was a prominent public critic of the English Lucy Letby murder trial, got that order almost four months ago.
Court Ordered Ex-Wife to Stop Publicly Disclosing Her Ex-Husband's Alleged Past Misdeed
But the Arizona Court of Appeals just reversed, concluding that speech about a person generally isn't "harassment," even if unwanted speech directed to the person may be.
Court Holds the First Amendment Bars Florida from Threatening Media with Criminal Punishment for Spreading Supposed Health-Related Disinformation
The ACLU’s wise decision to defend the NRA in NRA v. Vullo bears fruit.
Journal of Free Speech Law: "Thinking the Unthinkable about the First Amendment," by Nicholas Lemann
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
Free Speech Unmuted: Misinformation: Past, Present, and Future
Jane and I discuss calls to restrict misinformation, from the Sedition Act of 1798 to Hurricane Helene.
Journal of Free Speech Law: "Free Speech on the Internet: The Crisis of Epistemic Authority," by Brian Leiter
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
N.Y. Court Opines on Use of AI by Experts
"[C]ounsel has an affirmative duty to disclose the use of artificial intelligence and the evidence sought to be admitted should properly be subject to a Frye hearing prior to its admission ...."
