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
With "Friends" Like These ….
“After accepting a ‘friend’ request from the officer, the defendant published a video recording to his social media account that featured an individual seen from the chest down holding what appeared to be a firearm. The undercover officer made his own recording of the posting, which later was used in criminal proceedings against the defendant.” No Fourth Amendment violation, says Massachusetts high court.
Always Glad to Get Pro Bono Court-Appointed Amicus Work
This may be especially helpful in cases involving sealing or pseudonymity, where the parties agree with each other but the public interest ought to be represented.
Lawyer L. Lin Wood Enjoined from Violating Non-Disparagement Agreement
Enforcing that agreement isn’t an unconstitutional prior restraint, holds the Georgia Court of Appeals.
Court Rejects Pacira Biosciences' Trade Libel Claim Over Article in Leading Medical Journal About EXPAREL
"The peer-review process—not a courtroom—... provides the best mechanism for resolving scientific uncertainties."
TRO Against Brown University's Interim Suspension of Student for Alleged Sexual Assault
"[T]he facts suggest that ... the Threat Assessment Team failed to demonstrate anything that would indicate they afforded the plaintiff a presumption that he was not responsible for the alleged conduct as required by contract."
Thursday Open Thread
What's on your mind?
Judge: Criticisms of Epoch Times Were Substantially True or Opinion, Not Libel
“Like it or not, news analysis is often delivered with plenty of English on the ball in service of an ideological agenda and market viability. Whether such practices contribute positively to delivering our species closer to the truth is a question for philosophers. It is not enough to support a defamation claim.”
Federal Court Temporarily Blocks Discipline of Military Officers for Religious Refusal of COVID Vaccine
"The record creates a strong inference that the services are discriminatorily and systematically denying religious exemptions without a meaningful and fair hearing and without the showing required under RFRA (while simultaneously granting medical exemptions and permitting unvaccinated persons to continue in service without adverse consequence)."
Thomas Calls for Reconsidering New York Times v. Sullivan
Well, it's Judge Bradford Thomas of the Florida Court of Appeal, but still an interesting synthesis of recent criticisms, with some extra analysis added.
Should Judge Be Censured for Posting Nude Pictures on "Dating Website for Couples"?
"Judge Clark has embarrassed us .... And this may be the unforgivable sin of our day."
Academic Freedom and Debate About Race-Based Appointments, Hiring, Admissions, Etc.
What do you think Georgetown faculty should be free to say in the public debate about such matters?
Magistrate Judge: Calling Police Officer "Pig," "Terrorist," "Punk Ass," and "Bitch" in Facebook Comments Is Obscene …
and unprotected by the First Amendment. An incorrect decision, it seems to me.
Some Realism About Realism
[UPDATE: Comments were initially disabled by a tech glitch, but they're working now.]
Extra Remedies for Libel if the Libeler Chose Target Based on Race, Religion, Sex, Etc.?
A lawsuit claims N.Y. law authorizes this; if it prevails, expect many more such claims in a wide range of libel cases.
The Reverse Spiderman Principle: With Great Responsibility Comes Great Power
A quick sketch of a longer article that I'm writing for a symposium; I'd love to have readers' suggestions and reactions!
"A Rock … — the More Mass, the Faster It Falls"
Aristotle returns to the Washington Post.
Limiting Yourself to 7% of the Potential Candidates …
is usually unlikely to yield the best candidate.
Appointing Justices Based on Race, Sex, or Religion
Americans are entitled to be treated without regard to such matters in almost all government action—but not, I think, in high-level political appointments.
Dragging Out Protesters Disrupting City Council Meeting Isn't Excessive Force
The city was not "required to permit the 'organized lawlessness' conducted by the protestors."
Thursday Open Thread
What's on your mind?
"Women's Only Workout Spaces" in Connecticut Public Accommodations Are Illegal
The state law banning sex discrimination in public accommodations has no specific exemption for such spaces, and the Connecticut Supreme Court declines to read one into the law.
First Amendment Clearly Protects Student Encouraging Classmates to Negatively Evaluate Professor
The school told the student she was "restricted from discussing Dr. Lazorski with any student in the CHE 1800 course or any of Dr. Lazorski's classes."
D.C. Circuit Rejects Lawsuit Over Rep. Adam Schiff's 2019 Requests to Internet Companies to Deal with "Vaccine-Related Misinformation"
“Appellants offer no causal link that suggests it was an isolated inquiry by a single Member of Congress that prompted policy changes across multiple unrelated social media platforms.”
Submit Your Articles to the Journal of Free Speech Law
UPDATE: "One of our best experiences with a journal yet. Rigorous reviews, supportive editors & simple process. This is what publishing should be like!"
Federal Disability Law Likely Requires Schools to Mandate Masks
when children "at heightened risk of severe injury or death from COVID-19" are present, holds the U.S. Court of Appeals for the Eighth Circuit.
Court Concludes, for TRO, that Federal Disability Law Does Require School Districts to Mandate Masks
"It is the combination of these measures [vaccination, masking, quarantining, contract tracing, social distancing, and increased building ventilation] that make them effective and, without any one of them, individuals with disabilities ... are at increased risk of contracting the virus and severe illness or death."
Federal Disability Law Doesn't Require School Districts to Mandate Masks
"Plaintiffs' position if accepted, would essentially graft the recommendations of the CDC into the ADA and the Rehabilitation Act. And as a practical matter, elevating CDC recommendations to the level of law would serve to take many decisions relating to health policy and directly impacting citizens out of the hands of their elected representatives and put them into the hands of unknown and unanswerable CDC decisionmakers and unelected and unanswerable federal judges."
