Guidelines urge UK prosecutors to charge those who “egg on others” to violate social media speech laws [The Register] Mississippi county’s ban on clown costumes probably violates the First Amendment [Eugene Volokh] Propositions placed before voters in Washington, Oregon, Missouri, South Dakota would require nonprofits to disclose donors. Show More Summary
Are businesses (or their reputation management companies) suing fake defendants in order to get rid of negative online reviews? That's the argument made by Eugene Volokh and Public Citizen's Paul Alan Levy recently in the Volokh Conspiracy. The duo looked at 25 court cases that followed a suspiciously similar......
EUGENE VOLOKH: The ‘freedom of the press’ doesn’t give the media any special privileges — but it’s also not a redundancy.
Paul Alan Levy has gone digging and possibly found one of the entities tied to the bogus defamation suits being used to delist negative reviews. Working with Eugene Volokh of the Volokh Conspiracy (where this article is cross-posted),...Show More Summary
EUGENE VOLOKH WRITES ABOUT our amicus brief in Teixeira v. County of Alameda, the Second Amendment gun-store zoning case.
FREE SPEECH? THAT’S SO 20TH CENTURY: Congress to allow special restrictions on speech ‘inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic’? Eugene Volokh comments: “That, I think, is a very bad idea, and indeed an unconstitutional idea. Should Congress be free to set up one set of contract law rules for […]
Bad Texas law requiring breweries to give away territorial rights for free violates state constitution, judge says [Eric Boehm] California’s identity theft statute bans so many more things than just identity theft [Eugene Volokh] Cato...Show More Summary
Eugene Volokh on troubling implications for speech of the American Bar Association’s new adoption of rules declaring it a professional responsibility violation for lawyers to express bias in various ways, including in the course of “law-related social activities.” More: ABA Journal, Ron Rotunda/WSJ, Stephen Bainbridge. Show More Summary
(Paul Mirengoff) The American Bar Association has long been a leftist outfit. So it’s not surprising to see its leftism manifested in a new provision in the ABA Model Rules of Professional Conduct — rules that, as Eugene Volokh says, have been adopted by many states as binding on lawyers practicing there. Show More Summary
A government agency’s report from a couple of months ago is just now being spread around the web, thanks to law professor Eugene Volokh’s column about it in the Washington Post. The Volokh article is headlined “Wearing ‘Don’t Tread on...Show More Summary
The other day, Eugene Volokh wrote in the pages of the Washington Post about the Equal Employment Opportunity Commission’s investigation into a complaint that a black Federal worker filed about a cap that a colleague wore to his federal job which had the Gadsden flag displayed on it. The complainant charges that he’s offended by […]
EUGENE VOLOKH: DePaul’s Double Thug Problem. “The first problem: DePaul seems to think that speakers and audiences on its campus are in peril from thugs. The second, and more serious, problem: DePaul is responding by giving in to the (presumed) thugs.
My friends, you have nothing to fear from a Hillary presidency. Eugene Volokh makes this point clear: this is not a case about what dress codes employers may force upon their workers; they have broad discretion in this area. This...
There's a disturbing trend playing itself out in California courtrooms according to Eugene Volokh. The trend potentially criminalizes disclosure of private facts, even if the content disclosed isn't actually revenge porn. Court applications of the Cal. Pen. Code sec. 530(a) should chill the public. Since when did the disclosure of......
Eugene Volokh has a somewhat terrifying look at how very broad interpretations of California's identity fraud law, California Penal Code § 530.5(a) has been so broadly interpreted by the courts that it, in effect, creates a crime out of things that were normally considered, at best, civil offenses. Show More Summary
(Paul Mirengoff) Eugene Volokh reports on an alarming statement issued by Wendy J. Olson in her capacity as U.S. Attorney for the District of Idaho. Olson stated that “the spread of false information or inflammatory or threatening statements...Show More Summary
Sunday’s post quoted Eugene Volokh to the effect that on current evidence there is no case, not even close, for Judge Gonzalo Curiel to recuse himself in the Trump University litigation. Now Ken White at Popehat has a short explainer of the issues, noting, inter alia, that Trump can’t “earn” recusal by stepping up his […] Trump vs. Show More Summary
NYC HITS PEAK GENDER IDIOCY: Eugene Volokh reports that in NYC, the Human Rights Commission advises that you can be fined if you don’t refer to someone by the name and crackpot pronoun (“ze,” “hir”) that they prefer. Could you imagine being a business owner in NYC […]
Department of Justice: we’re going to use that Dear Colleague Title IX letter as a basis for prosecution, and colleges are going to need to crack down on speech if they want to stay in compliance [Eugene Volokh, Scott Greenfield, and...Show More Summary
Eugene Volokh notes the case of Bonesteel v. City of Seattle. Now you, learned reader, are doubtless wondering, “But what about California v. Greenwood, in which the U.S. Supreme Court held that Fourth Amendment protections don’t generally apply to garbage?” And of course you’re right to so wonder; Greenwood concluded that....Ha ha. Show More Summary