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
Latest from Eugene Volokh
Fugees Rapper Pras Michel Not Entitled to New Trial Based on Lawyer's Use of AI to Help Craft Closing Argument
Among other things, "Michel does not explain how ... the [AI-generated] mistaken attribution of a Puff Daddy song in the closing argument" sufficiently undermined his case.
Title IX's Exemption for Religious Institutions as to Sex, Sexual Orientation, and Gender Identity Is Constitutionally Permissible
The court concludes that the government may institute such an exemption, though doesn't decide whether it must do so.
Confusing Use of Another Political Group's Name as "Source Identifier" May Lead to Trademark Injunction
A dissenting subgroup of the Libertarian Party of Michigan was barred from "from identifying as the Libertarian Party of Michigan in the provision of services."
State Bar's Ideological Statement May Violate First Amendment Rights of Dissenting Members, If It Purports to Speak for Lawyers Generally
"[M]uch of [the Oregon State Bar statement's] criticism of then-President Trump did not relate to the justice system at all—for instance, it criticized Trump for describing Haiti and African countries as 'shithole countries.'"
Federal Ban on Gun Possession by Drug Users Is Often Unconstitutional
"[O]ur history and tradition may support some limits on a presently intoxicated person's right to carry a weapon ..., but they do not support disarming a sober person based solely on past substance usage."
Sarah Palin Gets New Trial in Libel Lawsuit Against N.Y. Times
"[T]he district court’s Rule 50 ruling improperly intruded on the province of the jury by making credibility determinations, weighing evidence, and ignoring facts or inferences that a reasonable juror could plausibly have found to support Palin’s case."
Material in Pennsylvania Sen. Douglas Mastriano's Lawsuit Related to His Ph.D. Thesis Should Be Unsealed
So the District Court in Sen. Mastriano's case just held.
Russian Opera Singer Anna Netrebko's Sex Discrimination Lawsuit Over Firing by N.Y. Metropolitan Opera Can Go Forward
But her national origin discrimination claim (apart from the sex discrimination component) is rejected, as is her defamation claim.
Lawsuit Over Allegedly Discriminatory Denial of Permit to Display Nativity Scene in Park Can Go Forward
Nativity scene was allegedly excluded (ostensibly on COVID grounds) while a menorah lighting was allowed.
Racetrack Can Sue Alleging COVID Shutdown Enforcement Targeted Speech, Violated "Fruits of Their Labor Clause"
That’s the Fruits of Their Labor Clause of the North Carolina Constitution.
No Pseudonym for Ex-Pro-Basketball-Player Sexual Assault Defendant
"While this case involves a statutory conferral of anonymity, the legislature is not exempt from the Constitution."
Briefs Supporting Strong First Amendment Protection for K-12 Students' Outside-School Speech
The amicus briefs come from several organizations and people, some liberal (e.g., the ACLU), some conservative, and some apolitical.
Unusual Fraud Claim Against Scientific Co-Author Over Alleged Research Problems Fizzles Out
The claim was brought too late, the court holds, and the associated defamation claim is barred by the judicial proceeding privilege.
Can Law Forbid Threatening Judges with Impeachment Because of Their Votes?
Donald Trump, Rick Perry, and more.
Can't Get Case Sealed Just Because "People Ask Me About [It]"
The plaintiff says she "thought the whole time it was going to be confidential"—but court cases are public.
First Amendment Doesn't Protect Speech That Solicits a Specific Crime
Calling for the burning of a particular mosque, for instance, or the bombing of a particular police station, or the killing of a particular person (politician, police officer, activist, or anyone else) may be constitutionally unprotected solicitation.
Wearing a "Military-Style" Tactical Vest to School Isn't a Crime
The Eighth Circuit held that plaintiffs had adequately alleged that school resource officers lacked probable cause to arrest them; note that nothing in the court's decision casts doubt on the school's ability to investigate or even briefly detain the students short of arrest.
"There Is No Basis for Preventing the Public from Learning That Natale Seeks Recourse for the Defendants' Alleged Misconduct"
A reminder to libel plaintiffs (and other plaintiffs).
Court Reverses Injunction Against Anti-Anti-Semitic Speech Targeted at Neighbor
Galapo’s neighbor Oberholzer called him a “fucking Jew”; the Galapos “posted twenty-three signs” on their property, facing the Oberholzers’ property.
"Johns Hopkins University Articulates Restrained Approach to Issuing Public Statements"
"[T]he very idea of an 'official' position of the university on a social, scientific, or political issue runs counter to our foundational ethos ...."
