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
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"I Swear, if You Don't Drop Out of Miss Pennsylvania, I Will Come to Your Home and Set It on Fire"
"I don't even care if you or your mom are inside. I actually hope you are. You both deserve to die. I am going to kill you, Robyn. I don't understand why you don't get that. I will burn you. You will die."
Court Ordered Critic of Ex-Mayoral Candidate to Stop "Publicly Writing, Printing, or Speaking [Ex-Candidate's] Name"
Fortunately, an appellate court just reversed the decision.
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Workers' Comp Claim for "Exacerbation of Severe Mental Illness Due to Exposure of a Racially Insensitive Wooden Item"
"[S]he was told that a Mammy doll which depicts slavery was in the garage of the building where they worked.... [W]hen she saw the doll she was overcome with emotions because it was so humiliating.... [S]he could not control her emotions and could not think clearly."
Seventh Circuit Reaffirms: No Pseudonymity in Title IX Suits Claiming Wrongful Discipline
Many other courts do generally allow pseudonymity in those particular cases, but the Seventh Circuit disagrees.
California Law Restricts Naming Abortion/Gender-Affirming Care Providers/Patients (+ Soon Immigration Support Services Providers?) …
online, after they send a demand that they not be named (and declare that there has been an online-naming-related threat or incitement against them by someone else).
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Court Orders OpenAI to Cut off (for 3 Weeks) ChatGPT Access by Mentally Ill and Dangerous User
Could a court likewise order, say, Gmail to cut off a person's access to his Gmail account, if there's reason to think the person has misused that account for criminal purposes? Does it matter that the person isn't a party to the proceeding, and thus can't assert his free speech rights?
President Trump's Libel Lawsuit Over Wall Street Journal Article on Epstein's Birthday Letters Dismissed
The court concludes that Trump hadn't adequately alleged facts that would support a finding that the defendants knew the article was false (or were reckless about the prospect); Trump has an opportunity to file an amended complaint if he can identify such facts.
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Happy Yuri Gagarin Day!
Gagarin was the first man in space, 65 years ago today.
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Petitioner's Regret No Grounds for Sealing of 8-Year-Old Restraining Order Documents
Petitioner's new-found "public figure" status, and concerns that records are "impeding his employment, professional credibility, and personal safety," don't justify sealing, either.
Follow-Up to "Reproducing Controversial Tweet in News Story = Fair Use" Post
"Market Erasure," "Three Plinths," "The March 2nd Transformation," "Karen" "branding," and "The Commercially Savvy Lawyer."
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Massachusetts High Court: Claim Against Meta for Alleged Addiction of Children Can Go Forward Notwithstanding § 230
The court doesn't decide whether Meta actually violated state law, or whether it may have a First Amendment defense; those decisions will be made later in the case.
Allegations of Conspiracy Between Univ. of S. Florida and Jewish Groups, Brought by Students for Democratic Society Chapter, Rejected
"In essence, the plaintiffs argue that every time a Jew or Jewish organization contributes to (in this instance) a public university and that university, acting under established policy, disciplines a student who advocates for, in this instance, 'particularly Palestinian" policies, the simultaneous presence of the contribution and the discipline creates a plausible inference of a conspiracy between the contributor and the university to punish the "particularly Palestinian' advocate."
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"There Is No Constitutional Right to Possess a Cell Phone in Class"
"Furthermore, to temporarily deprive a student of his cell phone during a class or a test and return it to them after the class or test is completed (or even at the conclusion of the school day) is not a constitutional violation."
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