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
Court Refuses to Order Redaction of Filings That Reveal Litigant's Past Pseudonymous Lawsuits
A California trial court so ruled, and the California Court of Appeal just upheld that decision.
"What Happens … When Two School Employees Suspect That Their Colleague is Under the Influence
"of prescription medication, search her bag without permission, and find a firearm inside? And what happens when school board officials find out and want to question the perpetrator? Has the Fourth Amendment been transgressed?"
$47K Sanctions for "Filing … Election Challenge Without Substantial Justification" in Arizona
The sanctions were imposed against Mark Finchem, "the Republican Party nominee for Arizona Secretary of State, [who] lost the November 8, 2022, election by more than 120,000 votes," and his lawyer.
Is Promotion of Free Services "Commercial Speech" for First Amendment Purposes?
One of several interesting questions that arises in a case involving regulations of pregnancy centers that seek to help pregnant women without offering abortions or abortion counseling.
"Deans Manage Their Departments Like Don Corleone, / Although Their Crimes Are Not as Organized."
"Philologists may quibble, but who can deny / that 'Dean' and 'Don' are just a vowel away?"
Justices Agree on Constitutionality of Trademark Restriction, Disagree on How to Approach Such Questions
The underlying methodological debate might also bear on free speech disputes more broadly.
Plaintiff Sufficiently Alleged Knowing/Reckless Falsehood in CNN Story About Evacuating Afghans During Withdrawal
"Young proffered CNN messages and emails that showed internal concern about the completeness and veracity of the reporting—the story is 'a mess,' 'incomplete,' not 'fleshed out for digital,' 'the story is 80% emotion, 20% obscured fact,' and 'full of holes like Swiss cheese.'"
Florida Court Rejects Pseudonymous Petition to Get Public Records
The case involved a public records request to identify the "six or seven pretty big legal conservative heavyweights" whom Gov. DeSantis labeled as "trusted advisors for his judicial appointments to the Florida Supreme Court."
Oklahoma S. Ct. Vacates Restraining Order Against Self-Described Pastor Who Was Sharply Condemning Pro-Gay-Equality Activists
The court concludes the pastor's posts were about the activists' organization (Oklahomans for Equality) and not about them personally; it thus avoided having to decide whether the First Amendment would have protected the speech if it was indeed about the activists personally.
Journal of Free Speech Law: "Fiction, Defamation, and Freedom of Speech," by Prof. Collin O'Neil
An article from the Defamation: Philosophical and Legal Perspectives symposium, sponsored by the Center for Legal Philosophy at UC Irvine.
Journal of Free Speech Law: "True Defamation," by Prof. Jeffrey S. Helmreich
An article from the Defamation: Philosophical and Legal Perspectives symposium, sponsored by the Center for Legal Philosophy at UC Irvine.
Plaintiff's Idaho Murder Libel Claim Beats Defendant's "Tarot Readings" and "Psychic Intuition"
"[T]he only support for Defendant's statements about Plaintiff is that Defendant's 'spiritual investigation' into the murders using 'intuitive tarot readings' led her to Plaintiff."
Does the First Amendment Protect Speech on Private Property?
Yes, when the restriction is being imposed by the government.
Journal of Free Speech Law: "Defamation, Presumed Damages, and Reputational Injury: A Legal and Philosophical Inquiry," by Prof. Benjamin C. Zipursky
An article from the Defamation: Philosophical and Legal Perspectives symposium, sponsored by the Center for Legal Philosophy at UC Irvine.
Journal of Free Speech Law: "Defamatory in Whose Eyes?," by Prof. Kenneth W. Simons
An article from the Defamation: Philosophical and Legal Perspectives symposium, sponsored by the Center for Legal Philosophy at UC Irvine.
Thursday Open Thread
What's on your mind?
My Identifying Would-Be Jane Doe Litigant in Law Review Article Wasn't "Harassment,"
notwithstanding the claim that it “invites worldwide haters to threaten, stalk, and commit violence against” her.
Religious Exemption Claim Brought by Employees Who Objected to COVID Vaccination and Testing Can Go Forward
So says a federal appellate court, applying federal employment law, which requires employers to exempt religious objectors even from generally applicable job rules, unless exemption would impose an "undue hardship" on the employer.
