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
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D.C. High Court Opines on Injunctions Against Speech About People
The decision raises more questions than it answers, but it does note that there is no general First Amendment exception for speech about "matters of private concern" (i.e., daily life matters unrelated to bigger ideological questions).
$547 Fine Violates Excessive Fines Clause, When It Exceeds the Target's Ability to Pay
So the Washington Supreme Court holds in a case involving a man who was living in his truck, and who had to pay the money when his truck was impounded for being parked too long in one place.
Rep. Devin Nunes' Libel Lawsuit Against the Washington Post Can Proceed
"A reasonable juror could ... conclude that the article was materially false because it stated that Nunes had made ... a baseless claim (when he had not)."
Facebook Oversight Board: "Fucking Chinese" Referring to Chinese Government Not Forbidden by Facebook Rules
"It is crucial to ensure that prohibitions on targeting people based on protected characteristics not be construed in a manner that shields governments or institutions from criticism."
Fourth Amendment Forbids Handcuffing Driver Just Because He Has Gun + Gun Permit
"Any contrary holding 'would eviscerate Fourth Amendment protections for lawfully armed individuals' by presuming a license expressly permitting possession of a firearm was invalid."
Florida Ban on Private Businesses Requiring Vaccine Verification Likely Violates the First Amendment
So a federal court concludes, in a decision about cruise lines but using reasoning that likely applies to other businesses as well.
L.A. Superior Court Mandates Vaccination for All Staff,
once the vaccine gets final FDA approval (and subject to medical and religious exemptions).
Is Lawyer Ghost-Writing of Self-Represented Litigants' Briefs Unethical?
The issue has come up in the Shiva Ayyadurai lawsuit against Massachusetts officials over his deplatforming from Twitter (though Ayyadurai claims that his brief wasn’t written by lawyers, but just reviewed by them).
Lawsuit Over George Mason Vaccination Requirement Seeks Exemption for Those Who Had Already Contracted COVID
The lawsuit is filed by our own coblogger Todd Zywicki, a professor at the George Mason law school.
Cal. Legislature on Track to Define "Harass" to Mean "Approach to Speak to," and …
to ban such "nonconsensual and knowing approach[es] within 30 feet of another person ... for the purpose of passing a leaflet ..., displaying a sign to, or engaging in oral protest, education, or counseling" "in connection with any vaccination services."
Can California "Safe at Home" Law Be Used to Retroactively Pseudonymize Past Cases?
The law was set up to protect the home addresses of victims of domestic violence, stalking, and the like; but it also has a provision that allows victims to conceal their names from the public when litigating.
Changing Hyphens to En Dashes in Footnotes, in Bulk
Law review editors, take note!
Parents Challenging "Anti-Racism" Curriculum Can Litigate Pseudonymously, to Shield Their Children
"The extreme emotions on both sides of this debate make likely the risk of ridicule and mental or physical harm to the parents in this suit—but more concerning—to their minor children."
Thursday Open Thread
What's on your mind?
"Judge Overturns SF School Board Decision To Cover Up Controversial Mural"
The rationale: The Board violated the California Environmental Quality Act, which requires Environmental Impact Reports before actions that affect the environment or objects of historical significance.
Czech Constitution Soon to Include the Right to Bear Arms
The word "pistol," it turns out, is borrowed indirectly from Czech.
Fixing Straight Quotes in Word Documents
Law review editors and lawyers, take note.
Special Court Dedicated to Appeals from Cosplay Disputes?
It's the CosAppeals, in Maryland.
COVID Closures of Private Schools May Have Been Unconstitutional
So holds a Ninth Circuit panel (by a 2-1 vote), evaluating the California closure rules.
Thursday Open Thread
What's on your mind?
