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
Eugene Volokh blogs. … Continue reading ?
Eugene Volokh calls attention to the case of a 6th-grader who was punished — 5 lunch-hour detentions — for telling a fellow student "it’s not good to not eat meat" and that "he should eat meat because he’d be smarter and have biggerShow More Summary
Eugene Volokh, Washington Post: [S]o far the primary calendar has been heavily tilted toward open primaries. But there have been four closed elections: the Iowa caucus, the Nevada caucus, and Super Tuesday's Oklahoma primary and Alaska caucus. Show More Summary
Eugene Volokh has some details:Ben-Levi is serving a life sentence for a 1980 rape; at some point, he changed his name to Israel Ben-Levi, and either converted to Judaism or rediscovered Judaism; he now wants to engage in group Torah study with two other inmates. Show More Summary
Unfounded prosecution of Texas Gov. Rick Perry dropped [Austin American-Statesman, Eugene Volokh, earlier] Mens rea: “The American Civil Liberties Union has discovered yet another civil liberty it isn’t interested in defending” [Robby...Show More Summary
EUGENE VOLOKH: Ban under-25-year-olds from owning guns? Not so fast. Nowadays, I basically assume that every “gun safety” proposal is just a lying liar’s attempt at salami-slicing the basic right away. And I’m seldom, if ever, wrong...
Federal Circuit court of appeals says government can’t deny trademark as “disparaging” just because it frowns on its expressive content, implications are favorable for Washington Redskins in their legal case [Eugene Volokh, Paul Alan...Show More Summary
FREEDOM AND HYPOCRISY: A must-read post by Eugene Volokh.
And now there's a split in the circuits, because the 4th Circuit went the other way in the case about the Redskins, so it's likely the Supreme Court will take the case. Eugene Volokh spells out why he thinks the Federal Circuit got it right. Show More Summary
IN DOCS VS. GLOCKS, IT’S GLOCKS 1, DOCS 0. Eugene Volokh notes why this is a bad free speech decision, and he’s right. But it’s also a response to overreach by the medical community. And while I agree with Eugene’s analysis, I think that the battle for physician autonomy has been largely lost, and with […]
EUGENE VOLOKH: Banning Muslims from entering the U.S. is a very bad idea — but it may be constitutionally permissible.
Judge Posner cites a Cato amicus brief: Cook County sheriff can’t browbeat Visa and MasterCard into dropping business with sex ad site [Ilya Shapiro, Eugene Volokh] And Daniel Fisher speculates that Posner’s thoughts on how far law enforcers...Show More Summary
SENIOR CONSTITUTIONAL LAW PROFESSOR EUGENE VOLOKH EXPLAINS THE PROBLEM WITH NO-FLY LISTS to former junior constitutional law professor Barack Obama.
A lawsuit filed in New York accuses Facebook of allowing its service to used by Palestinian groups “to incite violent attacks against Israeli citizens.” Eugene Volokh predicts the case “is going nowhere” given both the First Amendment and Section 230, “47 U.S.C. Show More Summary