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
Does the First Amendment Bar Public Schools from Removing Library Books Based on Their Viewpoints?
The Supreme Court split on this 4-4 in 1982, and the matter remains unsettled.
Special Signage Requirement for "Trans-Inclusive" Restrooms Unconstitutionally Compels Business's Speech
So holds a federal district court today; striking down a Tennessee statute.
Lawyer's Asking School Employee Whether She Had Ever Kissed a Woman Not Workplace Harassment,
when the lawyers are investigating allegations that the employee "had romantic or sexual feelings for one of the students she coached."
Florida Bans Residential Picketing with "Intent to Harass or Disturb" -- but What Exactly Does That Mean?
A content-neutral ban on all residential picketing would be constitutional; but the "intent to harass or disturb" limitation may make the law unconstitutional or ineffective.
Grandmother of Dead Child May Post Child Protection Services Documents That Are Confidential Under State Law,
but that she received from the lawyers for the man accused of killing him.
Linking Fired Women's Gymnastics Coach to Sex Abuser Larry Nassar Could Be "Libel by Implication"
So the Michigan Court of Appeals held Thursday, in a case brought by the former head women's gymnastics coach at Central Michigan University.
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.
