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The Latest Breaking News from Eugene Volokh

"A Statement from Constitutional Law Scholars on Columbia"

by "Eugene Volokh, Michael C. Dorf, David Cole, and 15 other scholars."

Reason

Journal of Free Speech Law: "The Press Clause: Important, Remembered, and Equally Shared," by Eugene Volokh

This article, which responds to Floyd Abrams, Sandra Baron, Lee Levine, Jacob M. Schriner-Briggs & Isaac Barnes May's The Press… The post Journal of Free Speech Law: "The Press Clause: Important, Remembered, and Equally Shared," by Eugene Volokh appeared first on Reason.com.

Reason

"Title VI Must Be Applied Consistent with First Amendment Principles"

A federal district court discusses how the First Amendment limits liability for "hostile environment harassment" based on "speech on matters of public concern" in universities (public or private). And the reasoning may extend to Title VII liability on workplaces as well.

Reason

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State-Run TikTok Coming Soon?

Not if Rand Paul and Ro Khanna can help it.

Reason

Supreme Court to hear arguments on porn age verification law - Roll Call

The Supreme Court will hear oral arguments Wednesday on a Texas law that requires pornography websites to verify the ages of their visitors.

Roll Call

California Officials Agree to Preliminary Injunction Blocking Law That Limits Discussing Arrest Records

FIRE, which represents the First Amendment Coalition and me in challenging the law, reports: A federal court, acting on a… The post California Officials Agree to Preliminary Injunction Blocking Law That Limits Discussing Arrest Records appeared first on Reason.com.

Reason

Our New Threads Account Is at https://www.threads.net/@volokhconspiracy

We used to have our Threads at @volokhc, but we lost access to the underlying Instagram page and therefore the… The post Our New Threads Account Is at https://www.threads.net/@volokhconspiracy appeared first on Reason.com.

Reason

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More on the Diploma Questions in Adams v. Gulley, the Case Where a Judge Ordered the Removal of Reddit Criticisms of a Public Commentator

The order: As readers may recall, I've written about a recent California court order that restricted online criticism of one… The post More on the Diploma Questions in Adams v. Gulley, the Case Where a Judge Ordered the Removal of Reddit Criticisms of a Public Commentator appeared first on Reason.com.

Reason

MAGA's "dissonance" shocks experts

Republicans' blame game is intended to silence political dissent after another assassination attempt against Trump

Salon

Hiring a Research Fellow in Free Speech Law for 1 or 2 Years, at the Hoover Institution (Stanford)

This was just announced today; if you're interested, please apply, and if you know people who might be interested, please pass this along to them. Opportunity for Post-JD Scholars The Hoover Institution at Stanford University is seeking an outstanding early-career legal scholar interested in researching free speech law, in preparation…

Reason

Moving to Unseal Material in Pennsylvania Sen. Douglas Mastriano's Lawsuit Related to His Ph.D. Thesis

Sen. Mastriano (who is running for reelection to the state senate, and who ran in 2022 for Governor) is suing for, among other things, libel—but trying to keep the allegedly libelous material under seal.

Reason

New California Precedent on Anti-Harassment Orders and Public Speech About People

I was glad to see that the California Court of Appeal published its opinion in Luo v. Volokh, following a request by the First Amendment Coalition. (In California, any person or organization may ask a court to publish an opinion that was initially released as nonpublished.) The opinion thus becomes…

Reason

Why I Post About Pretrial Decisions (on Motions to Dismiss and Such)

A commenter on the Claim That Public School Employee Was Unconstitutionally Fired for Sharp Pro-COVID-Vaccine Post Can Go Forward thread wrote: Eugene Volokh likes to post about cases that can go forward because they survive some kind of summary judgement. Mostly it just seems to rile up the usual commenters…

Reason

My Identifying Would-Be Jane Doe Litigant in Law Review Article Wasn't "Harassment,"

notwithstanding the claim that it “invites worldwide haters to threaten, stalk, and commit violence against” her.

Reason

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Reason

Federal Court Rules Laws Restricting Interstate Travel for Abortion Violate the Right to Travel

The decision addresses an important issue left open by the Supreme Court's decision reversing Roe v. Wade.

Reason

Court Reaffirms Commentators' Standing to Intervene to Unseal Court Records

A couple of circuit court decisions noted that the intervenors had to have a concrete plan to write about the records; the court here makes clear that such a plan indeed suffices for standing.

Reason

Abridging, Not Coercing, Is The First Amendment's Yardstick for Speech Violations

Philip Hamburger: Prof. Somin is mistaken about Murthy v. Missouri

Reason

Brief Opposing Pseudonymity in Ohio Libel Case

I thought I'd pass along this friend-of-the-court brief that I just filed a couple of days ago in the Ohio Court of Appeals (Doe v. Roe), with the help of invaluable local counsel Jeffrey M. Nye (Stagnaro, Saba & Patterson) and UCLA LL.M. student Bhavyata Kapoor. [* * *] This…

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Reason

Revenge Porn Dispute Can't Be Completely Sealed

The Fifth Circuit leaves room for possible retroactive pseudonymization of the case, however, though it doesn't decide for certain whether such retroactive pseudonymization is proper.

Reason

Free Speech and "Harassment Restraining Orders"

I was on the California Appellate Law Podcast discussing this, though my analysis isn't limited to California. An excerpt from the podcast summary: Prof. Eugene Volokh joined us to discuss restraining orders, how many of them violate the First Amendment as unlawful prior restraints, and how you can spot the…

Reason

Hiring a Research Fellow in Free Speech Law for 1 or 2 Years, at the Hoover Institution (Stanford)

This was just announced Friday: Opportunity for Post-JD Scholars The Hoover Institution at Stanford University is seeking an outstanding early-career legal scholar who is interested in doing research on free speech law, in preparation for seeking an academic position at a law school or elsewhere. If you are selected, you…

Reason

How To Yell 'Fire' in a Crowded Theater

Aside from narrowly defined exceptions, false speech is protected by the First Amendment.

Reason

[UPDATED] New York AG Tells Platforms to Disclose What They Are Doing About "Calls for Violence and Other Materials That May Incite Violence"

The Foundation for Individual Rights and Expression responds.

Reason

New York's Online Hate Speech Law Raises Serious First Amendment Concerns

Even content creators outside of New York would feel its effects.

Reason

Amicus Briefs in Volokh v. James, the Second Circuit Case Related to Social Media "Hate Speech" Policies

"For the most part, the American Civil Liberties Union, Young Americans for Freedom, and the Babylon Bee don't see eye to eye."

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