EUGENE VOLOKH: Can accusation of lynching be ordered taken down as a supposed threat of lynching? I agree that “Lynching is our paradigmatic image of private racist violence against African American,” but here it is being used to accuse Brummer of figurative racist violence — and of literal racist adjudication — not to threaten Brummer. […]
One issue which has arisen over possible campaign finance charges against Donald Trump Jr. concerns whether the statute is substantially overbroad in violation of the First Amendment. Eugene Volokh makes the case here, and I argue against application of the … Continue reading ?
Eugene Volokh blogs about legal stratagems used to get Google to de-index damaging articles [first, second, third, fourth posts, plus more here and here] More from Paul Alan Levy on the issue of requests based on fictional litigants here and here. Show More Summary
MAIL BAG: Eugene Volokh responded to yesterday’s item about suicide and veterans. Veterans have double the suicide rate of Americans generally only if you don’t control for sex and age — which isn’t that helpful, since both veterans and suicides generally are overwhelmingly male. Controlling for sex and age, there is still an elevated rate […]
“There are about 10 to 20 [criminal libel] prosecutions each year throughout the country” [Eugene Volokh on criminal defamation complaint by Montana judge against election opponent who had accused him of misconduct] “Shutting down Fake...Show More Summary
Something's rotten in Maryland. Not conspiracy-level rotten, but rotten nonetheless. As we've discussed recently, Paul Alan Levy (along with Eugene Volokh) have done a ton of legwork to flush out the perpetrator of several bogus libel...Show More Summary
Eugene Volokh — who worked on an amicus brief in the case — explains the opinions. First, the panel split on whether the refusal to print a gay pride message was sexual orientation discrimination against particular individuals.... The majority said no.... Show More Summary
Howard Dean, in hole re: grasping legal status of “hate speech,” keeps digging [Eugene Volokh (“No, Gov. Dean, There Is No ‘Hate Speech’ Exception to the First Amendment”), more (Chaplinsky and “fighting words”), Ronald K.L. CollinsShow More Summary
THE GIFT THAT KEEPS ON GIVING: Eugene Volokh Unpacks Still More Constitutional Illiteracy From Howard Dean.
EUGENE VOLOKH: No, Gov. Dean, there is no ‘hate speech’ exception to the First Amendment.
Now that Eugene Volokh of the Volokh Conspiracy has dipped into bogus lawsuits and DMCA notices targeting supposedly-libelous reviews and comments, he's apparently stepped up his detective work. Volokh and Paul Alan Levy of Public Citizen...Show More Summary
Try to track down the notaries who signed on this search-engine-scrubbing scheme as witnesses, and they melt away as if but a dream [Eugene Volokh] Tags: libel slander and defamation, online speech, search engines A reputation-scrubbing scheme and its elusive notaries is a post from Overlawyered - Chronicling the high cost of our legal system
What Speech Does Hostile Work Environment Harassment Law Restrict? Prof. Eugene Volokh, UCLA Law School Originally published in the Georgetown Law Journal
MYRON MAGNET: Did a Revolution Just Occur? Thoughts on the Gorsuch confirmation. This was more of a successful holding action. It won’t really be a revolution until Ruth Bader Ginsburg is replaced by Eugene Volokh.
HAPPY 15TH BLOGGIVERSARY TO THE VOLOKH CONSPIRACY. It took me several months to convince Eugene to start blogging, but it was worth it!
Eugene Volokh, just recently teamed up with Paul Levy to track down who was behind a scam abusing the court system with forged or fraudulent court documents to get questionable or fake court orders to force Google to takedown links. It's a sketchy (and illegal) "reputation management" trick and it appears that at least a few folks are doing it. Show More Summary
A First-Amendment-hostile concept pioneered in Europe, the “right to be forgotten,” rears its head in the New York assembly, though it looks unlikely to go anywhere soon [Eugene Volokh, Scott Shackford/Reason, earlier] Tags: First Amendment,...Show More Summary
“Utah poised to outlaw mentioning people’s names online with intent to ‘abuse’ or ‘harass’” [Eugene Volokh] In win for Paul Alan Levy, Eugene Volokh & co., filer of fake R.I. lawsuits aimed at search engine takedown agrees to settleShow More Summary