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
No Sealing of Police Body-Cam Video in Lawsuit Over Confrontation With Police,
even though the video includes a brief appearance by a minor (a friend of plaintiff's).
Court in Civil Case Holds Trump's Jan. 6 Speech Could Be Constitutionally Unprotected Incitement
But the claims against Donald J. Trump, Jr. and Rudy Giuliani are dismissed.
"Woodman, Spare That Tree!," Says Pensacola
Nay, says the Florida Court of Appeal majority, interpreting a recent "statute authoriz[ing] residential property owners to remove trees from their property without interference from local government" if an arborist or landscape architect says the "trees present a danger to persons or property."
Thursday Open Thread
What's on your mind?
Let's Go Brandon, Fly Your Anti-Biden Flag
Kokomo officials agree not to enforce ordinance banning “obscene, indecent, or immoral” signs against flag that says “Fuck Biden and fuck you for voting for him.”
N.Y. Times' Nick Kristof Can't Run for Oregon Governor
So the Oregon Supreme Court held today, ruling that Kristof doesn't satisfy the state constitution's requirement that a candidate "have been three years next preceding his election, a resident within this State."
Preliminary Injunction Bars Forced Retirement Based on Air Force Officer's Religious Refusal of Vaccination
"Although the Air Force claims to provide a religious accommodation process, it proved to be nothing more than a quixotic quest for Plaintiff because it was 'by all accounts, ... theater.'"
Palin v. NYT Jurors "Learned of the Court's" Decision Against Palin Before Rendering Verdict
"The jurors repeatedly assured the Court's law clerk that these notifications had not affected them in any way or played any role whatever in their deliberations."
Some History of Insults of Lawyers, and Whether They Are Libelous
"He hath no more law than [a monkey/bull/goose]" vs. slight mischaracterization of legal advice.
Court Bars Mother from Exposing "Child to an Activity That Violates" "Child's Orthodox Jewish Chasidic Faith";
N.Y. appellate court reverses the order.
Thursday Open Thread
What's on your mind?
OK for Judge to Appear in Ad Saying He "Got Into Law in Part to Advocate for Marginalized Communities"
The ad was an ad for a college that he had attended.
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."
