Eugene Volokh


Last quote by Eugene Volokh

Sheriff Troy E. Nehls thinks the sticker is illegal (see also this Click 2 Houston story).feedback
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Nov 16 2017
Eugene Volokh has been quoted 99 times in 62 different articles. On this page, you will find all of Eugene Volokh’s quotes organized by date and topic. Alongside each quote is a link back to the article where the quote was reported, so you can go back to the source for more context if you need it. Topics that Eugene Volokh speaks about are Trump, Facebook, and tweet, for example. Most recently, Eugene Volokh was quoted in the article May the government restrict political T-shirts and pins inside polling places? saying, “Many states ban overt electioneering near polling places, including on public sidewalks, where speech is generally broadly protected. In Burson v. Freeman (1992), the Supreme Court upheld those restrictions. The four-justice plurality concluded that they were narrowly tailored to a compelling government interest in “preventing voter intimidation and election fraud.” (Among other reasons, the justices noted that specific bans targeted at voter intimidation and election fraud, rather than at electioneering generally, would be ineffective because “law enforcement officers generally are barred from the vicinity of the polls to avoid any appearance of coercion in the electoral process, ” so that “many acts of interference would go undetected.”) Justice Scalia’s concurrence concluded that the long tradition of banning electioneering outside polling places made the sidewalks into “nonpublic fora, ” in which otherwise protected speech could be restricted.”.
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Eugene Volokh quotes

Oct 23 2017

When I heard that my UCLA colleague John Villasenor conducted a survey on college student attitudes toward freedom of expression, I asked him if he could pass along some thoughts on the subject, and he very graciously did. Here’s John’s

Oct 20 2017 - Human Rights

James E. Clayton, a judge’s son who in 1960 became The Washington Post’s first full-time U.S. Supreme Court reporter and later wrote stinging editorials that helped deny federal judge G. Harrold Carswell a seat on the high court in part because of his troubling record on civil rights, died Oct. 16 at a hospital in Arlington, Va. He was 87….feedback

Oct 18 2017

“I back the President in upholding respect for the patriotism for our country, on two grounds,” he said. “One, it’s respect for the law. If we don’t respect the law, what kind of country are we going to have? Two, it’s respect for those who have fallen and given the ultimate sacrifice. I’m surprised that no one brought this up.”.feedback

Oct 17 2017

Most speech is protected against criminal punishment, or civil liability; but some such otherwise protected speech can still lead to administrative discipline from public K-12

Oct 10 2017 - Twitter

From an Oct. 3 letter by Reps. Bonnie Watson Coleman and Emanuel Cleaver (D-Mo.) to Jack Dorsey of

Oct 10 2017 - Supreme Court

But such retaliation against businesses because of their employees’ political expression would violate the First Amendment. Indeed, a mere five years after the Supreme Court first struck down government action on First Amendment grounds, it faced a similar

Oct 10 2017 - Homosexuality

After dozens of protesters filed into [a Texas Southern University law school] event featuring [Texas state legislator] Briscoe Cain, they wouldn’t allow Rep. Cain to speak, claiming he has ties to the Alt-Right and is

Oct 05 2017

In a private place, the actor exposes the actor’s genitals with the intent that the actor be seen from a public place or from another private

Sep 28 2017

In spring 2016, Michael Podolsky of Consumer Opinion - which runs - wrote a blog post claiming that several libel lawsuits brought over PissedConsumer posts looked suspicious; he thought that the ostensible defendants in those cases, who stipulated that their posts were libelous, weren’t really the authors of those posts. In fall 2016, noted Internet lawyer Marc Randazza sued on Consumer Opinion’s behalf in federal court, making similar allegations, but that lawsuit had to be pulled out of federal court because it was focused on state law claims, and at least of the defendants turned out to be a citizen of the same state as the

Jun 06 2017

It's very rare to have the situation where it seems that someone is trying to deliberately encourage someone to commit

Jun 05 2017 - Sex

Most states ban most businesses from discriminating against clients based on the clients' race, religion, sex or national origin. But political affiliation is rarely on the list. A few cities or counties do ban such discrimination. D.C. bans discrimination based on 'the state of belonging to or endorsing any political

May 26 2017

There is political pressure on campus and also pressure from administrators' natural desire to avoid hassle for themselves. They say, If we let the speakers speak, then the consequences will be all these students protesting and then there will be a riot and bad publicity.' And I think what ADF is saying is if you don't let this speaker speak, there's going to be a lawsuit – and bad publicity from a

May 25 2017

There are some situations where you might say this is punishable, especially if it's a threat. But again, it deliberately applies to speech that doesn't fit within any First Amendment

Apr 19 2017

A good name is rather to be chosen than great riches, and loving favour rather than silver and

Apr 19 2017

Ann Coulter’s planned appearance at the University of California, Berkeley next week has been called off for security

Apr 18 2017 - Sexual harassment

Last year, the New York Daily News published an article called “Conn. woman sues drug store in sexual harassment case” (which has since been slightly renamed). Eric Lerner, one of the bosses accused by the woman (Jessica Pelletier), then sued Pelletier for defamation, in a complaint filed last Tuesday. And the same day, he got an order, signed by Justice John Galasso, requiring (among other things)

Apr 18 2017

I recently ran across another interesting Google deindexing attempt, which bears on interesting debates about the right to be forgotten, media ethics and the like. I thought I’d mention it to see what people’s reactions might

Apr 18 2017

I’ve been blogging over the past several months about people using various tactics to try to get Google to “deindex” Web pages - remove them from Google indexes, so that Google users won’t see them in search results. If you send Google a court order finding the material on some pages to be defamatory, Google will consider deindexing those pages, on the theory that the court order is fairly reliable evidence that the pages are indeed inaccurate and libelous. But the consequence is that people have been using various stratagems to deindex material even when there’s little reason for such

Apr 14 2017

More examples of shenanigans — by someone, although we don’t know who — in the world of online libel lawsuits (or, here, threatened lawsuits). From the San Diego Union-Tribune (Jeff McDonald) last

Apr 12 2017

The American Bar Association has proposed a new version of its Model Rule 8.4(g) that - if adopted by state bars or state supreme courts - would ban lawyers from engaging in “discrimination” and “harassment” (including through “verbal” conduct) on various grounds, including at “bar association, business or social activities in connection with the practice of law.” I’ve argued that this is broad and vague enough to potentially apply to a wide range of political speech, and thus violate the First

Apr 12 2017

So reports the Hollywood Reporter (Eriq Gardner). Recall that a jury had found Rolling Stone liable for $3 million, based on what it concluded were false statements about University of Virginia Associate Dean Nicole Eramo in its “Rape on Campus” article; that award was being appealed, but that has been settled. “Sources tell The Hollywood Reporter that the publication’s lawyers were privately relieved at the outcome.”.feedback

Apr 10 2017

Our first day blogging (as the Volokh Brothers, and with a format borrowed from InstaPundit, who inspired us to blog) was Wednesday, April 10, 2002. Here are a few posts from the first

Apr 08 2017

Here’s a message from Claremont McKenna President Hiram Chodosh, about the incident I blogged about

Apr 03 2017 - Twitter

So an Indiana judicial ethics commission opined in an opinion that was posted on

Mar 31 2017

The government has much broader authority over the speech of probationers than it does over ordinary citizens; but even probation conditions are subject to some

Mar 31 2017

Last week, I blogged about the criminal portions of Mark A. Lemley’s and my new article, “Law, Virtual Reality, and Augmented Reality, ” which the University of Pennsylvania Law Review has just accepted for publication. (Click on the link to see the whole article, including footnotes.) This week, I’m turning to our discussion of tort liability and shifting now from liability for users to liability for

Mar 30 2017 - Luxembourg

That’s what European Union executive branch leader Jean-Claude Juncker said he’d do, if Trump continues to urges other European countries to echo Brexit. Because we all know how swayed Americans will be by EU politicians telling them whether or not to secede. Or is this that famous absurdist Luxembourg humor?feedback

Mar 30 2017 - Facebook

Ken Haas is a member of a New Britain (Conn.) city commission, the Commission on Conversation, appointed by Mayor Erin Stewart. Several months ago, he got into a public controversy with local activist Robert Berriault - allegedly, when someone got in a Facebook political spat with Haas, he responded by writing, “You do know I have access to ALL city records, including criminal and civil, right???” Berriault took that to be a threat that Haas would misuse that access for political purposes and wrote about this on the New Britain Independent site, as well as in a not-much-noticed petition calling for Haas’s removal. (Since then, Berriault has announced his candidacy for the New Britain city council.).feedback

Mar 30 2017

I’ve blogged before about people getting injunctions against alleged libelers, aimed solely at getting Google to deindex the allegedly libelous page. The injunctions aren’t gotten with any expectation of the alleged libeler voluntarily complying, or of the alleged libeler being forced by the court to comply. Rather, Google has a policy that it will often remove pages from its indexes once it sees an injunction finding the pages to be libelous; and that’s what the plaintiff

Mar 29 2017

Businesses are generally free to charge lower prices for cash transactions than for credit card transactions; but some states bar businesses from labeling this as “$10, with a 30-cent surcharge for credit cards, ” though businesses are free to say “$10.30, with a 30-cent discount for cash.”.feedback

Mar 28 2017

A New York Times headline from March 16 reads, “Amid ‘Trump Effect’ fear, 40% of colleges see dip in foreign applicants.” And the story’s opening paragraphs echo this; the first three mention a specific incident aimed to illustrate this, and then the article goes on to

Mar 28 2017

You might think it’s something you’d see shown on the cover of a romance novel set in the early 1800s, but it’s actually a crime defined to cover, see Fowler v. State (Conn. 1811).feedback

Mar 22 2017 - Sex

For Part 3 of this series drawing on excerpts from my new book, “Sex and the Constitution, ” I thought a bit of history on the concept of obscenity might be

Mar 21 2017

Things are seldom what they

Mar 21 2017

Texas, like many other states, has an “anti-SLAPP statute” - a statute (Tex. Civ. Prac & Remedies Code § 27.001-.011) that provides for expedited review of many lawsuits - such as libel claims - based on the defendant’s speech, and prompt disposal of the lawsuits if they are found to be legally meritless. It also provides for prompt appellate review and for attorney fees to be paid by prevailing

Mar 20 2017 - Bangladesh

I’m blogging excerpts this week and next week from a new article by Mark Lemley and me, “Law, Virtual Reality, and Augmented Reality.” (Click on the link to see the whole article, including footnotes.) This post is from the criminal law part; we begin with disturbing the peace, but soon we’ll tell you about indecent exposure, strobing, virtual groping and

Mar 17 2017 - Bangladesh

Stanford law professor Mark A. Lemley and I have just finished a draft of a new article, “Law, Virtual Reality, and Augmented Reality.” It’s still early days in the development of commercial VR and AR, and even more so in the law of each. But we think that the shape of the technology is clear enough to speculate about the legal issues that are likely to arise. Plus, selfishly, we’d like to get in on the ground floor of something that’s going to be big - and we’re sure that VR and AR will indeed be

Mar 15 2017 - Immigration

Last month, a 9th Circuit panel concluded that President Trump’s immigration executive order was likely unconstitutional. The administration withdrew that order, and substituted another, which is now being challenged; but the panel decision remained on the books, as binding law within the 9th Circuit. Some judges’ call for en banc rehearing (i.e., rehearing by 11 of the 9th Circuit’s judges, rather than the original three) also remained

Mar 15 2017 - Amazon

From New York Assembly Bill 5323, introduced by Assemblyman David I. Weprin and (as Senate Bill 4561 by state Sen. Tony Avella), a bill aimed at securing a “right to be forgotten”.feedback

Mar 14 2017

Back in October of last year, Paul Alan Levy (Public Citizen) and I wrote about various libel cases brought against defendants who seemed not to exist. One might ask: How can one get real money from a fake defendant or order a fake defendant to do real things? It turns out the point was seemingly to get an injunction that would then be submitted to Google (or, in one instance, to Yelp): Google and similar companies have a policy of removing or deindexing material once a court has found it to be defamatory, so all that’s necessary is to have an apparently real defendant, who would then purportedly stipulate to the entry of a real

Mar 13 2017

Yes, you read that right. Here’s Utah SB118, which passed both houses of the legislature unanimously and is awaiting the governor’s

Mar 06 2017

Housing and Urban Development Secretary Ben Carson’s including slaves in the category of immigrants has caused controversy

Mar 06 2017

In today’s Leonard v. Texas, Justice Clarence Thomas sharply criticizes civil forfeiture laws. The one-justice opinion discusses the Supreme Court’s refusing to hear the case (a result Thomas agrees with, for procedural reasons mentioned in the last paragraph); but Thomas is sending a signal, I think, that at least one justice - and maybe more - will be sympathetic to such arguments in future

Mar 04 2017

He seemed very calm, measured, thoughtful, polite, gentlemanly – very much like what one notices about him

Mar 03 2017 - Supreme Court

Thursday, the Florida Supreme Court upheld the state’s general ban on openly carrying guns. The lead opinion acknowledged that an outright ban on carrying guns would seriously burden the right to bear arms “The core of the constitutional right to bear arms for self-defense, ” the court concluded, includes carrying “firearms in public where a need for self-defense exists.” “‘To confine the right to be armed to the home is to divorce the Second Amendment from the right of self-defense described in Heller and McDonald.’” (I call this “the lead opinion” rather than “the majority” because it seemed to have gotten only three votes out of the six justices who participated. One justice concurred in the result without joining the lead opinion or writing a separate opinion, so we don’t know his reasoning; two justices dissented.).feedback

Mar 02 2017

Florida generally makes it fairly easy for law-abiding adults to get licenses to carry concealed guns — indeed, it is often seen as the state that started the modern concealed-carry revolution, in which the country flipped from roughly 10 states where concealed carrying was generally allowed (with a broadly available license, or in Vermont even without one) to roughly 40 states where such carrying is allowed. But Florida largely bans open carry; you can have arms to defend yourself in public, but you can’t wear them

Mar 02 2017 - SCOTUS

Glenn Reynolds (Instapundit) writes at USA Today, citing Randy Barnett’s post on Neil Gorsuch and

Feb 08 2017

So much depends on the particular statement and the particular context surrounding that

Jan 27 2017

FDR was known to have pioneered these fireside chats, and Trump is now doing fireside

May 18 2016 - Facebook

As a legal matter, Facebook is not required to be even-handed. Congress can't introduce something that tries to prohibit Facebook from making these kinds of

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