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
Thursday Open Thread
What's on your mind?
College Basketball Star Wayne Arnold (Concordia) Sues for Libel, Discrimination, Etc.
It all started with a stolen PlayStation 5.
Michigan Witness-Retaliation-by-Threats Law Requires Intent to Threaten Physical Injury (or Crime)
One judge would have held that threats to injure reputation are criminalized by the law, but the other two disagreed.
Libel Plaintiff Cites "Cancel Culture" in Seeking Protective Order for Identities of Witnesses
The case stems from defendant's claims that plaintiff, a comic book writer, said racist things to her at a comic-book-business social function.
Libel Case Based on Allegations that Plaintiff Had Made Specific Racist Statements Can Go Forward
The plaintiff, Frank Gogol, and the defendant, Malissa White, are both comic book writers.
Licensing of Speaking Professions Doesn't Violate First Amendment
So holds the Eleventh Circuit, as to dieticians, viewing itself as bound by an earlier decision involving interior designers.
Ohio Trial Court Decision Denying Ivermectin Injunction
This was decided December 23, but was just posted on Westlaw.
Conviction for Surreptitiously Recording Conversation with Police Chief in His Office Reversed;
on remand, jury must be instructed that it has to determine (among other things) whether the defendant “reasonably believed the conversation was not confidential.”
No Sealing of Police Body-Cam Video in Lawsuit Over Confrontation With Police,
even though the video includes a brief appearance by a minor (a friend of plaintiff's).
Court in Civil Case Holds Trump's Jan. 6 Speech Could Be Constitutionally Unprotected Incitement
But the claims against Donald J. Trump, Jr. and Rudy Giuliani are dismissed.
"Woodman, Spare That Tree!," Says Pensacola
Nay, says the Florida Court of Appeal majority, interpreting a recent "statute authoriz[ing] residential property owners to remove trees from their property without interference from local government" if an arborist or landscape architect says the "trees present a danger to persons or property."
Thursday Open Thread
What's on your mind?
Let's Go Brandon, Fly Your Anti-Biden Flag
Kokomo officials agree not to enforce ordinance banning “obscene, indecent, or immoral” signs against flag that says “Fuck Biden and fuck you for voting for him.”
N.Y. Times' Nick Kristof Can't Run for Oregon Governor
So the Oregon Supreme Court held today, ruling that Kristof doesn't satisfy the state constitution's requirement that a candidate "have been three years next preceding his election, a resident within this State."
Preliminary Injunction Bars Forced Retirement Based on Air Force Officer's Religious Refusal of Vaccination
"Although the Air Force claims to provide a religious accommodation process, it proved to be nothing more than a quixotic quest for Plaintiff because it was 'by all accounts, ... theater.'"
Palin v. NYT Jurors "Learned of the Court's" Decision Against Palin Before Rendering Verdict
"The jurors repeatedly assured the Court's law clerk that these notifications had not affected them in any way or played any role whatever in their deliberations."
Some History of Insults of Lawyers, and Whether They Are Libelous
"He hath no more law than [a monkey/bull/goose]" vs. slight mischaracterization of legal advice.
Court Bars Mother from Exposing "Child to an Activity That Violates" "Child's Orthodox Jewish Chasidic Faith";
N.Y. appellate court reverses the order.
