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
Baltimore State's Attorney Marilyn Mosby Indicted for Perjury,
in her request for a $40,000 retirement withdrawal, when she claimed hardship stemming from COVID; other false statements, under oath or not, are also charged.
Virginia Bill Would Require Rules "for the Prevention of Inequities Involving the Use of Hate Speech or Ethnically or Racially Insensitive Expressions"
"during athletic and academic competitions sponsored by the [high school athletics] organization's member schools."
#MeToo/#TheyLied Among the Communists / "Anti-Fascists" / Left Anarchists: This Time About Personal Jurisdiction
“The allegedly defamatory statements Ms. Legarde made included not just online posts but defamatory statements in calls and emails to six people whom Ms. Legarde allegedly knew were Vermont residents and who were associated with Plaintiff through Vermont-based organizations.”
Court Depseudonymizes Plaintiff, After Evidence Related to Plaintiff's Past Cases Emerges
“Plaintiff has filed numerous lawsuits, several of which involve circumstances similar to this case. In some she has been permitted to proceed anonymously; in others, she has not. Regardless, Defendant maintains that Plaintiff is a ‘vexatious litigant.’ This goes directly to Plaintiff’s credibility, and Defendant should not be hampered in pursuing that defense.”
UW Administrator Says Prof Created "Toxic Environment" with His Land Non-Acknowledgment
The Director of the UW School of Computer Science & Engineering said Prof. Stuart Reges's statement is "not relevant to the content of the course he teaches"—but the school encourages professors to include its own preferred view, which is just as irrelevant to the course content.
Anti-Riot Act Prosecution Over August 2020 Looting Messages Can Go Forward
"Lets get ready to steal bitch."
No HIPAA for Hippos (or, Seals and Animal Welfare)
"There is no veterinarian privilege, no animal equivalent of the Health Insurance Portability and Accountability Act, and no case law suggesting that humans and animals are entitled to the same level of privacy."
Emory Law School Student Government Refuses to Recognize an Emory Free Speech Forum Student Group,
citing the "harm that could result from ... discussions," especially about "race and gender."
Court Should Have Granted Continuance to Let Father Participate by Wi-Fi Phone
The hearing was virtual, because of the epidemic.
Seditious Libel, Today and 225 Years Ago
Washington Governor Jay Inslee is supporting a law that would ban lies about election results that “are likely to incite or cause lawlessness”—an argument much like that made by supporters of the Sedition Act of 1798.
Should Kuwaiti Student Challenging Title IX Sexual Misconduct Finding Be Pseudonymous,
in part because he is a citizen of Kuwait, “where ‘sexual activity outside of marriage goes against religious and cultural values’ and ‘sexual relations outside of marriage are illegal"?
Ruth Shalit Barrett Sues Over Retraction of "Mad, Mad World of Niche Sports Among Ivy League-Obsessed Parents"
One of the arguments: "The Atlantic's punitive condemnation of Ms. Barrett on the basis of her conduct as an emergent adult [when she was a 23-or-24-year-old journalist] runs counter to the defendants' own professed moral standards and editorial advocacy of forgiveness for errors made by individuals 25 and under."
Brett Kimberlin (Speedway Bomber) Loses Attempt to Vacate Long-Past Convictions, Including First Amendment Challenge to Impersonating-Federal-Official Conviction
Kimberlin is also known for having accused Dan Quayle of having bought marijuana from him, and has since become a frequent litigant, including against bloggers Patrick Frey (Patterico), Aaron Walker, and others.
Court Reverses Expulsion for Student's Off-Campus Posting of "I Will Fucking Kill off All of You!" Death Metal Lyrics
The court doesn't reach the question whether the speech was a true threat, but concludes that it couldn't be punished on the rationale that it caused substantial disruption to a public high school.
The "Tipsy Coachman Rule" (in Florida)
DUI, appellate procedure, rap battles, and Edmund Burke, together in one post.
Thursday Open Thread
Special 2022 edition!
Ask for Too Much, and You Might Get Nothing
"Plaintiffs submit that it required in total more than 80 hours of attorney time to file a 14-page opposition to a supposedly baseless motion. The Court will not entertain such a patently unreasonable request."
She Who Seeks Pseudonymity Must Provide Pseudonymity
Or, to be precise, her lawyers must do so.
The Trojan Doctrine: Trademarks and the Law of the Horse
I was just reminded of this short article of mine (published at 8 Tex. Rev. L. & Pol. 259 (2003)), and I thought I’d repost it here.
The First Amendment Right to Religious Darkness
The Catholic church in this premises liability case “assert[ed] it had no legal duty to abandon the religious practice involving the use of darkness because it is protected by the First Amendment”; alas, the court saw no occasion to reach this issue.
May University Faculty/Staff/Students Sue Pseudonymously Over Limits on Religious Exemptions from COVID Vaccine Mandate?
Yes, says a federal court, partly because this particular challenge (to a policy “which only allowed religious exemptions for those individuals who are members of organized religions whose teachings entirely forbid vaccinations”) appears to be purely legal in nature.
No Stay in Doe v. Mills, the Maine Healthcare Worker Vaccination Mandate Case
The district court refuses to issue a stay pending the Supreme Court's consideration of the plaintiffs' cert. petition.
May College Students Sue Pseudonymously to Challenge Discipline for COVID Protocol Violations?
Another example of how badly split courts are on pseudonymity questions.
"No One Has a First Amendment Right to Physically Assault Another,"
“especially a law enforcement officer acting according to their official responsibilities.”
#TheyLied and the Fair Report Privilege
"A person cannot confer [the privilege for fair report of court filings] upon himself by making the original defamatory publication himself and then reporting to other people what he had stated"
Nebraska Town Sues Resident to Stop Sending Officials Letters, Ends Up Paying Him $16,000
"[N]early every public official draws the attention of critics and cranks who have opinions they insist on sharing.... But rather than accept that as one of the privileges of public service, the defendants decided to pursue a lawsuit that asked a state court to impose a prior restraint on the plaintiff's speech."
Minnesota Government: "Deprioritiz[e] Access for Patients" to COVID Drugs, Based Partly on Their Being White
A rich non-white patient would be given priority over a poor white patient with precisely the same age and health conditions.
N.Y. Rationing COVID Drugs Based on Race
Sick non-Hispanic whites can only get oral antivirals if they have a medical condition or unspecified "other factors that increase their risk for severe illness"; sick "[n]on-white[s]" and "Hispanic[s]" don't face such a requirement.
