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. He is also the co-host of the Free Speech Unmuted podcast.
Eugene Volokh
Latest from Eugene Volokh
Small-Town Political Libel
"[L]iability clearly does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities."
6 Months in Jail for Speaking to Newspaper About Your Court Case
In most states, if a court issues a gag order and you don't appeal it, you can go to jail for violating it even if you later argue that it violates your First Amendment rights.
Court Dismisses Defamation Lawsuit Over "Woman Accused of Defaming Dozens Online Is Arrested"
The case may get refiled, but it’s not looking promising.
Second Circuit Judge José Cabranes on "Deeply Troubling Aspects of Contemporary University Procedures"
"[T]hese threats to due process and academic freedom are matters of life and death for our great universities. It is incumbent upon their leaders to reverse the disturbing trend of indifference to these threats, or simple immobilization due to fear of internal constituencies of the 'virtuous' determined to lunge for influence or settle scores against outspoken colleagues."
Thursday Open Thread
What's on your mind?
May Public Pension Plan Managers Use "Environmental, Social, and Governance" Investment Practices?
"[P]olitics has no place in Kentucky's public pensions.... '[S]takeholder capitalism' and 'environmental, social, and governance' investment practices that introduce mixed motivations to investment decisions are inconsistent with Kentucky law governing fiduciary duties owed by investment management firms to Kentucky's public pension plans."
Federal Civil Rights Claim Over "Trump Train" / Biden Campaign Bus Incident Can Go Forward
A federal statute imposes liability for conspiracies "to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner" for the election of federal candidates, or for "injur[ing] any citizen in person or property on account of such support or advocacy."
"The ACLU Never Stopped Defending Free Speech"
David Cole writes, Ira Glasser and Wendy Kaminer respond. [UPDATE: Added Cole's reply.]
Roy Moore Can Proceed with Libel Suit Over Allegation That He Had Solicited Sex at Mall from 14-Year-Old
Press accounts had said he “had been banned from the mall because he repeatedly badgered teen-age girls” and that he had told a 14-year-old girl at the mall “she looked pretty.” "But viewing the evidence in the light most favorable to Moore, the court finds that telling viewers that Moore was banned from the mall for soliciting sex from a 14-year-old Santa’s Helper is more stinging than telling viewers that Moore complimented a 14-year-old girl on her appearance or telling them more generally that Moore was banned from the mall for soliciting young girls.”
If You Know Russian, and Appreciate Lyrics of Massive Humorous Vulgarity,
I highly recommend Leningrad's new song Оспа, which means "pox." Некультурно, but very funny.
"BBC 'Altered Gender in Trans Rape Claim'"
"I can't think of any other situation where we would change the words of an alleged rape victim."
Appellate Court Reverses Child Custody Decision That Was "Based on [a] Decade-Old Sexual Assault Allegation"
The appellate court also rejected the trial court's reliance on the 8-year-old child's "unsubstantiated" allegations of abuse.
Supreme Court Reinstates Stay of Texas Social Media Law (Pending Appeal); Justices Alito Dissents
Justices Thomas and Gorsuch join Justice Alito's dissent, and Justice Kagan disagreed with the majority without opinion. This is not a decision on the merits of the law, but Justice Alito's dissent notes why the answer to the merits question is "quite unclear."
Slippery Slope June
How should we think about slippery slope arguments, whether they come from liberals or conservatives or libertarians or anyone else?
Does Pulling Funding from CUNY Law School Because of School's Anti-Israel Resolution Violate First Amendment?
$50K in funding was withdrawn by a Brooklyn councilwoman, and transferred to a different organization.
Habeas Grant in Defense-of-Others Case
A crack theft leads to alleged attempted rape and the shooting of the drug dealers / alleged attempted rapist.
City Can Choose What Gets Painted on City Roadways
Painting "Black Lives Matter" doesn't require New York to allow other groups to paint other slogans.
Appellate Court Upholds Trial Court's Rejection of "[Independent] Custody Investigator" Opinion
Among other things, the investigator "appeared to accept Father’s explanation that his 2003 kidnapping conviction based on allegations of domestic violence in a previous relationship was a misunderstanding, not the result of criminal conduct," "[finding] 'credible' Father’s explanation that he 'was unfairly incarcerated based on the lies of the victim and because of the racist justice system.'"
"Victorian-Era Orgasms and the Crisis of Peer Review"
Two phrases you probably didn't expect to see together.
Private Gun Carriers' Self-Defense Against Public Shooters
The Charleston (West Virginia) incident from a few days ago, the FBI 2021 statistics, and more.
No Religious Freedom Problem with Court Approving One Parent's Choice of Religious School,
so long as the court makes the decision for secular reasons.
Filing False Accusation with Police Is Grounds for Attorney Discipline
Pretty obvious, I think, but helpful to see a specific case on the subject.
Obscenity (Including as to Minors) and "the Work Taken as a Whole"
An isolated sexually themed passage, even a graphic one, doesn't make a work obscene.
Why Isn't Johnny Depp v. Amber Heard Foreclosed by Depp's Loss in an English Libel Case?
It's chiefly because Virginia doesn't recognize nonmutual collateral estoppel, of course!
Excluding Public from Area of Homeless Encampment Sweeps Violates the First Amendment
So a district court held Tuesday.
Psst, Kids, "Court of Mist and Fury" Is Too Sexy for You!
You absolutely, positively shouldn't be allowed to read it. Definitely forbidden.
Thursday Open Thread
What's on your mind?
Colorado Private Universities Have Contract & Tort Law Duties to Provide Fair Hearings to Accused Students
A "private educational institution owes a [tort law] duty, independent of any contractual promises, to adopt fair procedures and to implement those procedures with reasonable care when investigating and adjudicating claims of sexual misconduct by one student against another."
Va. Judge Finds Probable Cause That "Court of Mist and Fury" and "Gender Queer" Are "Obscene for … Minors"
This finding is now being used as a basis for seeking a restraining order banning Barnes & Noble from distributing the books to minors. Is that constitutional?
"Judge Dismisses Bogus Defamation Lawsuit Against Foxconn Critic"
The Institute for Justice, which represented the critic, so reports.
