Eugene Volokh is the Gary T. Schwartz Distinguished Professor of Law at UCLA and a Visiting Fellow (Senior Fellow starting May 2024) at the Hoover Institution (Stanford). Naturally, his posts here (like the opinions of the other bloggers) are his own, and not endorsed by any educational institution.
Eugene Volokh
Latest from Eugene Volokh
"Spam Private Eye" Can't Constitutionally Be Required to Get Real Private Eye License,
at least when the license requires 6000 hours of training on matters far removed from his expertise.
#TheyLied Libel Lawsuit Over Ex-Student's Allegations of Rape Can Go Forward,
and so can the professor's Title VII and Title IX discrimination claims against the university.
Justice Jackson Seems to Be Charting a More Speech-Restriction-Tolerant Approach
Justice Jackson, like Justice Breyer (whom she replaced and for whom she clerked), seems to be considering an approach that is more embracing of speech restrictions that she views as especially urgent—including perhaps ones that departs from precedents such as the Pentagon Papers case.
Murthy v. Missouri and Government Urging Platforms to Restrict Speech
The government can't block viewpoints it condemns from its own property that has been opened to publicspeech. Should there be limits on government systematically and substantially encouraging private entities to block the same viewpoints from their property—which may be much more important to public debate than the government property where speech remains free?
"Black Lives Mat[t]er" + "Any Life" Drawing "Not Protected by the First Amendment" in First Grade
Such speech can be found to be "impermissible harassment," the court says, partly because "deference to schoolteachers is especially appropriate today, where, increasingly, what is harmful or innocent speech is in the eye of the beholder."
Racially Discriminatory Enforcement Lawsuit Against Duluth Police Officer Can Go Forward
A black resident called the police to complain about alleged racial harassment by white neighbor; the resident alleges the police arrested him for leaving the scene after the police arrived, but didn't arrest the neighbor for doing the same thing.
Judge Orders Person to Stop Campaign of Criticizing Teenager Who Had Posted a Racial Slur When a Sophomore
The Indiana Court of Appeals, though, reverses the order, concluding the judge wasn't allowed to issue such an order on his own initiative; it doesn't decide whether such an order would violate the First Amendment.
S. Ct. Announces Test for When a Government Official's Social Media Posts Are "State Action"
This bears on when the official's comment deletion or blocking decisions may violate the First Amendment.
Thursday Open Thread
What's on your mind, other than the open thread being late today?
Lawsuit Against Society for Creative Anachronism Thrown Out Because It's Untimely
and also because private clubs generally have broad discretion in interpreting their internal rules.
Revenge Porn Dispute Can't Be Completely Sealed
The Fifth Circuit leaves room for possible retroactive pseudonymization of the case, however, though it doesn't decide for certain whether such retroactive pseudonymization is proper.
No Constitutional Violation in Mental Health Investigation Following Professor's Claim to Police About "Electronic Device[s]" Found in Her "Private Parts"
Part of the facts in an interesting recent case, dealing with plaintiff's claims that the police retaliated against her for exercising her First Amendment rights to report crime.
Telling Officials "You Will Live to Regret This" Wasn't Punishable Threat or "Intimidat[ion]"
when in context the statement just expressed "an intention to file a complaint against the conduct of government officials."
#TheyLied Libel Case, Stemming from Allegations of "Mental and Physical Abuse[]" by Fellow High School Student, Can Go Forward
The culture of public accusation and shaming, in high school (and stemming from a relationship that apparently happened when the accuser and accused were sophomores).
Nebraska Municipalities May Not Ban Guns from Public Parks, Trails, and Sidewalks
So concludes the Nebraska AG's office, partly based on Nebraska state law and partly based on the constitutional right to keep and bear arms.
"Freedom of Expression in Generative AI—A Snapshot of Content Policies"
A new report from the Future of Free Speech project (a collaboration between Vanderbilt University and Justitia).
S. Ct. Will Hear Presidential Immunity Question in Trump v. U.S.
Oral argument is set for the week of April 22.
Requiring Public High School Student to Perform Monologue by Classmate May Be Unconstitutional Speech Compulsion
The monologue was sexually themed, but it's not clear to what extent the court's rationale might extend to situations where a student objects to the monologue for other reasons.