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
"Dating an Actress … Would Not Cause 'Public Hatred,' 'Shame,' [or] 'Ridicule'"
MyPillow founder Michael Lindell loses lawsuit over allegedly false claim that he had a "secret romance with 30 Rock actress Jane Krakowski and wooed her with flowers and champagne."
Judge Limits Discovery of Kevin Spacey's Past Romantic and Sexual Partners
“During discovery, plaintiff shall not inquire of the defendant concerning his prior sexual or romantic experiences ... with anyone unless the identity of the person ... has been disclosed by the [person] or otherwise become public, in either case in connection with a claim, published report in mainstream media, or public allegation that any such sexual or romantic experience or encounter was not in all respects consensual.”
Anything You Say to the Comedian Will Be Used Against You …
A murderer's conversation with Jeff Ross (Comedy Central) at Brazos County Jail is admitted in evidence at the death penalty proceeding (and no, the Clown Miranda warning noted above wasn't given).
Veterinarian's Advice May Be Protected by First Amendment
Federal district court holds that the First Amendment sharply limits restrictions on such professional-client speech, at least when the speech doesn’t involve “prescribing medication or reaching a diagnosis.”
Pre-Enforcement Constitutional Challenges
There's no general federal right to them; they are often available when a law is enforced by government officials, but generally not as to laws in which private citizens sue (whether over abortion, speech, religious exercise, gun ownership or sales, or anything else).
Thursday Open Thread
What's on your mind?
California Stops Requiring Academic Prerequisites for Horseshoeing Schools
The change stems from a First Amendment case brought by the Institute for Justice, a leading libertarian public interest law firm.
Religious Freedom Doesn't Bar Discovery in Libel Case By High-Level N.H. Catholic Priest Against Dissenting Group
“The Very Reverend Georges F. de Laire, J.C.L., who serves as the Judicial Vicar and the Vicar for Canonical Affairs for the Diocese of Manchester, brings a defamation claim against Gary Michael Voris, Anita Carey, and St. Michael’s Media, Inc. a/k/a Church Militant.”
Showing "20 Shocking China Facts You Don't Know" Video in Class Led to Firing of Minnesota Teacher,
though an arbitrator reduced this to a 40-day suspension.
Teacher Suspended Partly for Quoting (on Personal Facebook Page) Bernie Sanders' "Woman … Fantasizes Being Raped" Essay
"The undersigned finds that despite Mr. Caggiano's belief that his post makes an important point [criticizing] Bernie Sanders, the undersigned finds that it can be logically read to be patently offensive, discriminatory, and degrading to women."
"Trouble Brewing [at Yale] After 'Dehumanizing' Artisanal Coffee Remark"
"The letter condemns Satel for having 'the audacity to challenge Reverend Al Sharpton, an exemplary individual and activist.'"
Zoom Conversation Today (Noon Pacific) with Nadine Strossen, Former ACLU Head
The conversation will be about Prof. Strossen's Journal of Free Speech Law article, "The Interdependence of Racial Justice and Free Speech for Racists," and it will be with Profs. Jane Bambauer, Ash Bhagwat, and me.
Zoom Workshop on Prof. David McGowan's Forthcoming "A Bipartisan Case Against New York Times v. Sullivan"
A discussion with Prof. RonNell Andersen Jones (Utah), two noted media lawyers and clinical teachers (Prof. Dale Cohen, UCLA, and Prof. Gregg Leslie, Arizona State), and me about this forthcoming Journal of Free Speech Law article.
San Diego Schools Need Not Allow Religious Exemptions from Vaccination Mandate
The Ninth Circuit held a week ago that the school district had to give religious exemptions so long as it categorically exempted pregnant students; now that the district has repealed the pregnancy exemption, no religious exemptions are required.
Thursday Open Thread
What's on your mind?
Connecticut "Racial Ridicule" Ban Challenged in Federal Court
The law is unconstitutional as written—but it has also been used by prosecutors far beyond its specific terms.
§ 230 and the Civil Rights Modernization Act
My testimony today before a House Subcommittee on Communications & Technology hearing on proposed revisions to § 230.
§ 230 and the Protecting Americans Against Dangerous Algorithms Act
My testimony today before a House Subcommittee on Communications & Technology hearing on proposed revisions to § 230.
§ 230 and the SAFE TECH Act
My testimony today before a House Subcommittee on Communications & Technology hearing on proposed revisions to § 230.
§ 230 and the Preserving Constitutionally Protected Speech Act
My testimony today before a House Subcommittee on Communications & Technology hearing on proposed revisions to § 230.
§ 230 and the Justice Against Malicious Algorithms Act
My testimony today before a House Subcommittee on Communications & Technology hearing on proposed revisions to § 230.
Plaintiffs Seeking Religious Exemption from Private Employer's Vaccine Mandate Allowed to Proceed Pseudonymously
"Given the charged atmosphere concerning vaccinations and vaccine mandates, and for the other reasons discussed above, the Court is persuaded that this is the rare case where a party should be permitted to proceed pseudonymously."
No Preliminary Injunction for Health Care Workers Seeking Religious Exemption from Vaccine Mandate
The defendant hospital might be violating Title VII by denying the exemption (especially since it "changed its policy in an arguably arbitrary manner")—but the employees' remedy would be to sue for damages from being fired, and not to get a preliminary injunction ordering that they not be fired.
More Police Officers Associated with More Black Homicides Prevented
"[E]ach additional police officer hired abates between 0.06 and 0.1 homicides [per year].... [T]he decline in homicide is twice as large for Black victims in per capita terms."
Journal of Free Speech Law Panel on Regulating Social Media Platforms Tomorrow (Wednesday) at 11 am Pacific
It's with Profs. Jack Balkin (Yale), Daphne Keller (Stanford), and Mark Lemley (Stanford), moderated by Jane Bambauer (Arizona).
When Does Government "Fairly Represent" Public Interest Groups' Views, Thus Barring Them from Intervening?
An important and interesting question, arising here as to Title IX, free speech, and due process, but relevant more generally as well (and now pending before the Supreme Court).
"Someone Going Through Your Underwear Without Permission" May Be "Highly Offensive"
Even when you're not wearing it.
San Diego Schools Must Allow Religious Exemptions from COVID Vaccination So Long as They Allow Exemptions for Pregnant Students
That at least is the temporary injunction pending appeal, just issued Sunday.
Toronto School Board Refused to Promote Event with Nobel-Winning Critic of ISIS
A school board official told said "students would not participate in a book-club event scheduled for February with Nadia Murad, a Nobel Prize-winner and activist," because "Ms. Murad’s book, 'The Last Girl: My Story of Captivity, and My Fight Against the Islamic State,' would foster Islamophobia."
Thursday Open Thread (Friday This Week)
What's on your mind?
