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
Emerson College Conduct Board Finds "China Kinda Sus" Stickers to Be Forbidden "Discriminatory Conduct"
Appalling that an American university, which had publicly committed itself to free expression, would thus censor criticism of a foreign government (whether China, Israel, or any other).
Court Rejects Negligence Lawsuit Against Armslist Over Murder Using Gun Bought in Armslist-Facilitated Transaction
The court takes a narrow view of 47 U.S.C. § 230(c)(1), but rejects liability as a matter of state law: “public policy [with regard to how gun sales can be arranged] is more properly determined by the peoples’ elected representatives rather than by the courts.”
"Court Should Start with a Presumption That Art Is Art, Not a Statement of Fact"
When should rap lyrics (or other works) be admissible as evidence on the theory that they reflect real events?
Political Candidate Can't Sue Critics Pseudonymously, Under Seal, with Gag Order
"Plaintiff is an adult who chose to enter the political arena and now to file this litigation, asserting claims against Defendant as a result of Defendant's alleged statements and activities concerning Plaintiff and Plaintiff's political campaign."
Ban on Demonstrations Near South Dakota Capitol Likely Violates the First Amendment
The government had tried to shut down the 200-acre grounds for two months (including during a special session of the Legislature) for tree decoration.
Realtors Group Hearing "Hate Speech" "Ethics Complaint" Against Pastor-Realtor …
for saying "LGBTQ+" "Pride" message is "against our biblical doctrine."
No Speech for Two Months in Front of the State Capitol: We're Decorating Trees
That can't be constitutional.
Dismissing Appointed Volunteer City Board Member for Her Speech (or Refusal to Speak) Doesn't Violate First Amendment
The rules for political appointees to such boards are different from the rules for ordinary government employees.
Fourth Circuit Affirms: No Heckler's Veto; Fear of Violent Reaction to Speakers' Views Can't Justify …
denial of access to government property, even in a "nonpublic forum" or "limited public forum"
The Right to Ask Government Officials Questions
The Die Hard 2 Principle makes a special appearance.
May Beauty Pageants Limit Themselves to "Natural Born Women"?
Or for that matter to women, to unmarried women, or to women based on age, race, national origin, religion, citizenship (other-"natural-born" or otherwise), and the like?
Russia Is the Homeland of the Horse
Russian horses are the winners, and all the others are losers.
Kisses, Huma Abedin, and Gradual Escalation
What are the social norms?
Univ. of Florida Blocks Professors' Expert Witness Work in Case Against Florida Government
A clear academic freedom violation, and likely a First Amendment violation as well: "A concept of loyalty that sweeps so broadly is not one that may legitimately trump compelling interests in speaking on matters of public concern."
"The Parties in ALL Civil Unassigned/NONE Cases … Should Expect That No Matter … Will Be Addressed by a District Judge"
That's the announcement in the Fresno (Cal.) division of the federal district court. "For practical purposes, this means that all matters set before the district judge in these cases are effectively STAYED until further notice."
Libel Lawsuit Over Allegedly Forged Police Report Finding Plaintiff Had Assaulted His Girlfriend
"After Murray relocated to another state, he contacted the Oceanside Police Department. He then learned the police report he received from Eva-Zacchara had been altered to support her version of events. The real police report concluded 'no assault could be substantiated.'"
"Speaker Removed from Orange County [Fla.] School Board Meeting for Reading from a Book Found at School Library"
But note that the school board chair opined that the book shouldn't be in the library, either.
Nothing Says "Free to Be Me" Like Compulsory Pansexuality
"Is a lesbian transphobic if she does not want to have sex with trans women?"
"Is He a Criminal Lawyer? Yes, Very"
"[D]efendant emailed Company A a forged court order purportedly signed by the Honorable Richard Seeborg ...."
Eyewitnesses with Their Backs Turned
An interesting "harassment, intimidate, or bullying" investigation case from New Jersey schools. (Corrected version of a post initially put up yesterday.)
District Court Rejects Challenges to Washington State Vaccination Requirements
covering "educators, healthcare workers, and state employees and contractors."
Court Allows Discovery of Funding Sources for Nunes Family Farms' Libel Lawsuit
against Esquire and Ryan Lizza.
Eyewitnesses with Their Backs Turned
An interesting “harassment, intimidate, or bullying” investigation case from New Jersey schools.
Cicero Is My Guidance Consular
"Guidance consular," spotted in a New Jersey administrative decision.
