I was pleased to see that far more respectable personage Prof. Eugene Volokh also noticed and commented yesterday on Justice Kagan's use of "way" as an adverb in the Omnicare case. (I mentioned it at the end of this post.)... ...Show More Summary
[Getting Really Medieval](http://delong.typepad.com/sdj/2005/03/getting_really_.html): "Getting Really Medieval April Fools' Festival Day XIV: Another person siding with the Ayatollah Khomeini instead of with James Madison! Here we have...Show More Summary
EUGENE VOLOKH: Government funding and the Free Speech Clause.
David French quotes Eugene Volokh thus: [R]acist speech is constitutionally protected, just as is expression of other contemptible ideas; and universities may not discipline students based on their speech. That has been the unanimous...Show More Summary
STAMP OUT BADTHINK!!! Eugene Volokh: What speech is going to justify expulsion next, if the OU / SAE expulsion is accepted as proper? The answer, of course, is whatever the collective dislikes at the moment. There is no “slippery slope” because slippery slopes depend on consistency. In a despotism, there’s no need to be consistent, […]
Eugene Volokh argues strenuously.
EUGENE VOLOKH ON THE OKLAHOMA FRATERNITY SCANDAL: No, a public university may not expel students for racist speech. This should be obvious, but I’ve been surprised how few people have been pointing it out.
Eugene Volokh: Some readers may recall last year’s Supreme Court decision in Susan B. Anthony List v. Driehaus, in which the U.S. Supreme Court allowed a challenge to the Ohio ban on false statements in election campaigns; that was followed … Continue reading ?
Recall that I had some questions for Eugene Volokh here? Eugene responded thusly via email: Eugene: To answer your questions, of course if a state decided to order police officers to carry concealed, police officers would have to carry concealed – just as it can tell them what kinds of guns to carry, what kinds […]
The Washington Post: So the Florida Court of Appeal held Wednesday in Norman v. State. It concluded that the Second Amendment applies to carrying for self-defense outside the home. “A blanket prohibition on carrying [a] gun in public prevents a person from defending himself anywhere except inside his home,” and as such constitutes a “substantial […]
NO, IT’S VANDALISM: Eugene Volokh: No, pasting over anti-Islam ads with images of ‘Ms. Marvel’ isn’t free speech. A group that is sharply critical of Islam recently bought space for anti-Islam ads on San Francisco buses. San Francisco had a First Amendment obligation to allow such ads; as a court recently held, once a city […]
A story from Frederick County, Maryland, where I live. I wrote it up briefly at my blog Free State Notes, and it’s making the rounds all over the web, with Eugene Volokh and Steve Hayward among the first to comment. The Frederick News-Post,...Show More Summary
With respect to to a headline in the Washington Post yesterday (Jason Samenow, "Weather Service forecasting computers to become 10 times more powerful in 2015", Washington Post 1/5/2015), Eugene Volokh writes: My first thought: Come now – how would computers generally become 10 times more powerful just in the span of a year? (In the span […]
Eugene Volokh ("What does 'exposes' in '[a]ny person who abuses, exposes, tortures, torments, or cruelly punishes a minor' mean to you?", Washington Post 1/2/2015) considers the case of Douglas James Myers, who was clocked driving at 112 mph, "weaving all over the road and going into the ditch or median with all four tires", with a […]
The ruling is discussed by Eugene Volokh, at the Volokh Conspiracy....
EUGENE VOLOKH: Why Not Regulate Guns Like Cars? A commenter on a recent thread asked — seemingly from a pro-gun-control perspective — “Why can’t guns be treated like cars, regulated and available, only to those who demonstrate competence and compliance with laws?” That is a perfect excuse for me to reprise my analysis of the […]
EUGENE VOLOKH: How many crimes can you see being committed in this anti-gun ‘public service’ ad? “I can imagine some impressionable teenager seeing what the appealing protagonist is doing, and trying to copy it, especially since the serious tone of the video seems to invite its being taken seriously. And the results could include expulsion, […]
“…so we can figure out whom to fire” [Eugene Volokh, on the employment-law dangers of conversation] Related: “Marquette University tells employees: ‘Opposition to same-sex marriage’ could be ‘unlawful harassment'” [same] Tweet Tags:Show More Summary
Eugene Volokh has a long and typically sensible post about “conversations on race” at his Washington Post blog, titled Let’s have a national conversation about race — so we can figure out whom to fire. The springboard for his post is the firing of a North Carolina fire investigator for writing, on her personal Facebook […]
EUGENE VOLOKH: Let’s have a national conversation about race — so we can figure out whom to fire.