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
Ninth Circuit Upholds Dismissal of Claim Alleging Unconstitutional Police Mishandling of Rape Accusations
Plaintiff had shown the police cell phone messages in which she “casually discussed the sexual activity that occurred the night of the alleged rape and agreed to meet [the person she was accusing] again for a future sexual encounter,” and “told the alleged assailant that she ‘could make him lose his job’ after she discovered that he had remained active on the online dating website where they met.”
Ninth Circuit Upholds Dismissal of Arizona State's Trademark Lawsuit Over ASU_Covid.Parties Instagram Account
The account posted items such as (in mid-2020), "ASU: No More Social Distancing. No More Masks. It Is Time to Party!"
Libel Lawsuit Over Investigation of Alleged Slur at Polo Match Dismissed
The U.S. Polo Association investigation exonerated the plaintiff, but the plaintiff still sued the USPA for libel.
Thursday Open Thread
What's on your mind?
Teacher Has Free Exercise Clause Right to Tell Parents About Their Children's "Preferred Names and Pronouns,"
despite a school policy that generally bars teachers from doing so. (For my views on the question, see the end of the post.)
"South Africa the Model? A Comparative Analysis of Hate Speech Jurisprudence …
of South Africa and the European Court of Human Rights."
"Betraying the Bench: Could the SCOTUS Leaker Face Criminal Charges?"
An interesting article by two former prosecutors (T. Markus Funk and Andrew S. Boutros) and District Judge Virginia M. Kendall (N.D. Ill.)
Mandatory Employee COVID Tests Don't Violate Religious Freedom Rights or Fourth Amendment
The employee argued that "her faith in God 'will protect her from COVID-19 so there is no reason to take a test.'"
Divorce Agreement Provision Requiring "Great Care Prior to Introducing" Child to Their Lovers
held to be vague and therefore unenforceable.
Sen. Warren's Asking Amazon to Stop Carrying Robert F. Kennedy Jr.'s COVID Book Likely Not Unconstitutional
So a federal judge held yesterday.
Sanctions Against Lawyer for Filing Unfounded Libel Lawsuit
Not even under an anti-SLAPP statute—rather, under a statute allowing sanctions for "frivolous conduct in filing civil claims."
Netflix Gets Discovery of Grand Jury Materials in Challenge to Prosecution Over Cuties
"Netflix alleges that Tyler County’s District Attorney, Lucas Babin, is 'abusing his office' through a 'singular and bad-faith effort' to maliciously prosecute Netflix in violation of the United States Constitution and in retaliation against Netflix for exercising its First Amendment rights."
Abortion and the Free Exercise Clause
What if a doctor feels a religious obligation to perform abortions, (e.g., because he believes doing so is necessary for him to be the Good Samaritan, by removing a threat to his patient's mental health)?
Vladimir Zelensky's Victory Day Address
A masterful linkage, I think, of the usual theme of Victory Day—the fight against the Nazis in World War II—and the circumstances today.
Rep. Marjorie Taylor Greene Not Disqualified from Federal Office
So Georgia Administrative Law Judge Charles R. Beaudrot ruled yesterday.
Some More on Expert Witnesses in Libel Lawsuits
Former Congressman Alan Grayson, now running for the Senate in Florida, is producing some interesting caselaw.
Court Dismisses Lawsuit Against Trump for His Use of the Terms "Chinese Virus" and "Kung Flu"
"No matter how deplorable the plaintiff finds the defendant's remarks, the First Amendment precludes civil liability for the remarks in order to protect the right to free and robust debate on matters of public concern, which the origin of the SARS-CoV-2 virus plainly is."
Residential Picketing in Virginia (Outside a Justice's Home or Otherwise)
A state law bans it -- but that law is very likely unconstitutional (though a different version of such a ban would have been constitutional).
Thursday Open Thread
What's on your mind?
Pennsylvania Appellate Court Allows Preliminary Injunction Against Repeating Material Found Likely Libelous,
cutting back on what seemed like a categorical prohibition on anti-libel injunctions from a 1978 Pennsylvania Supreme Court case.
Libel to Lay Out Facts About Law Clerk's Writings and Associations, and Say Clerk Is Thus Likely the Leaker?
Very likely no, if the clerk is domiciled in D.C. or Maryland (and pretty likely no if in Virginia), if the stated factual background is accurate.
Appellant Can't File Special Response-to-Amicus Brief Under Federal Rules of Appellate Procedure
Any response must go in the normal reply brief.
D.C. Police Department Allegedly Has Policy of Delaying/Denying FOIA Requests That May Lead to Criticism
A district court just allowed a First Amendment challenge to this policy to go forward.
