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
Washington S. Ct. Upholds $18M Fine for Violating Campaign Disclosure Rules
The court rejected an Excessive Fines Clause challenge (by a 5-4 vote) and a First Amendment challenge.
Lawyer Lin Wood Was Wrongly Faulted by Delaware Trial Court
So holds the state supreme court, vacating the trial court’s revocation of Wood’s temporary authorization to represent Carter Page in a Delaware libel case.
"This Case Stems from the Suppression of Academic Scholarship at the University of North Texas"
University’s removal of professor from journal editorship may violate First Amendment, holds a federal court in the Journal of Schenkerian Studies controversy.
The U.S. Is Both a Republic and a Democracy
Don't just take it from me; take it from the Framers and other early American statesmen: "Democracy" has long included representative democracy as well as direct democracy, and "Republic" was used to refer to regimes that were not representative.
"The Law Has Already Sawed That Claim in Half"
The latest from Paul Alan Levy (Public Citizen), pushing back against threats of trademark litigation over parody.
Crime Victims Allege Baltimore Police Department Unconstitutionally Seized (and Destroyed) Their Property
A federal court has allowed the case to go forward, including on a theory that the Department does this as a "pattern and practice."
Claim that "Certificate of Need" Law Lacks a Rational Basis Can Go Forward
“[T]he great deference due state economic regulation does not demand judicial blindness to the history of a challenged rule or the context of its adoption nor does it require courts to accept nonsensical explanations for regulation.”
How North Dakota Is More Like Windows than UNIX
If your official name is YATES, you can't (and presumably needn't) file a petition to change it to Yates. "Petitioners have offered no authority or reasoned argument that there is any legal significance to the capitalization of their names."
No TRO for Prominent but Pseudonymous Surgeon Suing the University of Michigan for Allegedly Improper Suspension
The judge also says the plaintiff's request for pseudonymity was inadequately supported.
Sex Discrimination Lawsuit Over Alleged Wrongful Title IX Suspension Against UCLA Can Go Forward
“Particularly given the ultimate findings of Roe’s numerous fabrications, Mr. Zeck’s statement plausibly supports an inference that the Regents prejudged Roe’s allegations (and Doe’s defenses thereto) during its investigation on the basis of their respective genders.”
"DeFi Gives Financial Privacy — Will Regulation Take It Away?"
Particular twists: "A right to use rights-protecting technologies?" and "constitutional rights to technologies that protect other constitutional rights."
Thursday Open Thread
What's on your mind?
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.
