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
Lawsuit Over Allegedly Discriminatory Denial of Permit to Display Nativity Scene in Park Can Go Forward
Nativity scene was allegedly excluded (ostensibly on COVID grounds) while a menorah lighting was allowed.
Racetrack Can Sue Alleging COVID Shutdown Enforcement Targeted Speech, Violated "Fruits of Their Labor Clause"
That’s the Fruits of Their Labor Clause of the North Carolina Constitution.
No Pseudonym for Ex-Pro-Basketball-Player Sexual Assault Defendant
"While this case involves a statutory conferral of anonymity, the legislature is not exempt from the Constitution."
Briefs Supporting Strong First Amendment Protection for K-12 Students' Outside-School Speech
The amicus briefs come from several organizations and people, some liberal (e.g., the ACLU), some conservative, and some apolitical.
Unusual Fraud Claim Against Scientific Co-Author Over Alleged Research Problems Fizzles Out
The claim was brought too late, the court holds, and the associated defamation claim is barred by the judicial proceeding privilege.
Can Law Forbid Threatening Judges with Impeachment Because of Their Votes?
Donald Trump, Rick Perry, and more.
Can't Get Case Sealed Just Because "People Ask Me About [It]"
The plaintiff says she "thought the whole time it was going to be confidential"—but court cases are public.
First Amendment Doesn't Protect Speech That Solicits a Specific Crime
Calling for the burning of a particular mosque, for instance, or the bombing of a particular police station, or the killing of a particular person (politician, police officer, activist, or anyone else) may be constitutionally unprotected solicitation.
Wearing a "Military-Style" Tactical Vest to School Isn't a Crime
The Eighth Circuit held that plaintiffs had adequately alleged that school resource officers lacked probable cause to arrest them; note that nothing in the court's decision casts doubt on the school's ability to investigate or even briefly detain the students short of arrest.
"There Is No Basis for Preventing the Public from Learning That Natale Seeks Recourse for the Defendants' Alleged Misconduct"
A reminder to libel plaintiffs (and other plaintiffs).
Court Reverses Injunction Against Anti-Anti-Semitic Speech Targeted at Neighbor
Galapo’s neighbor Oberholzer called him a “fucking Jew”; the Galapos “posted twenty-three signs” on their property, facing the Oberholzers’ property.
"Johns Hopkins University Articulates Restrained Approach to Issuing Public Statements"
"[T]he very idea of an 'official' position of the university on a social, scientific, or political issue runs counter to our foundational ethos ...."
Plaintiff Claims P. Diddy's Defamation Damaged Plaintiff's Drug Smuggling Business
Plaintiff says he was "always willing to set up business deals with the rich for drugs."
UCLA Appeals Yesterday's Preliminary Injunction That Ordered It to Avoid Repetition of Exclusion of Jewish or Pro-Israel Students from Parts of Campus
[UPDATE 8/23/24: UCLA has just dropped the appeal.]
"Personal Protection Order" Statute May Be Unconstitutional to the Extent It Authorizes Ex Parte Orders That Restrict Speech
The court is discussing orders "enjoining protected speech or conduct ... without an adversarial hearing or adjudication on the merits that the speech or conduct is not protected."
Limits on Carrying Objects in Marches Near Chicago Convention Aren't Unconstitutionally Vague
“[C]ourts do not use vagueness doctrine to establish a rule that government cannot regulate anything until it classifies everything.”
Court Issues Preliminary Injunction Against UCLA, Stemming from Risk of Repetition of Exclusion of Jewish or Pro-Israel Students from Parts of Campus
If participants in unauthorized encampments exclude Jewish or pro-Israel students from walking in parts of campus, UCLA would then have to close those parts to everyone.
Case Over Handcuffing and 30-Minute Detention of Concealed Carry Permit Holder Can Go Forward
"[A] person in possession of a firearm and a facially valid permit for that firearm had a clearly established right to be free from the kind of forcible and prolonged detention to which Soukaneh was subjected, absent any objective reason to suspect that the permit was forged or otherwise invalid."
State May Not Deny Grants to Charity Based on Its Religious Discrimination in Employment, When
the state had allowed other organizations to get grants despite their discriminating based on race and sex—so suggests the Ninth Circuit in a recent decision granting an injunction pending appeal.
