Search for: "EUGENE DOWNING"
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26 Apr 2024, 10:24 am
With the rise of eugenics in the early 20th century, certain scientists began to worry that slouching among 'civilized' peoples could lead to degeneration, a backward slide in human progress. [read post]
26 Apr 2024, 5:32 am
Author information: Addy Reeds is a freelance writer from Eugene, Oregon. [read post]
25 Apr 2024, 5:03 am
Author information: Addy Reeds is a freelance writer from Eugene, Oregon. [read post]
24 Apr 2024, 1:52 pm
They would have lasted roughly five minutes before masses of students shouted them down and drove them off the campus. [read post]
24 Apr 2024, 12:28 pm
The Wall Street Journal had an editorial this morning called "Defining Free Speech Down on Campus"; I agree that disruptive protests are unprotected by the First Amendment, but I think the editorial erred in its emphasis. [read post]
22 Apr 2024, 11:16 am
Because S.B. 12 must be subject to strict scrutiny and is not narrowly tailored to achieve Texas's asserted interest—it is overbroad and lacks a parental consent exception—it should be struck down. [read post]
21 Apr 2024, 9:01 pm
In a thought-provoking 1992 law review article, Professor Eugene Volokh argued that courts have wrongly found hostile-environment harassment in violation of Title VII (which governs workplace discrimination) on the basis of speech that is protected by the First Amendment. [read post]
19 Apr 2024, 5:01 am
While people gathered on the street, however, some approached Meinecke, knocked him down, and took one of his shoes. [read post]
[Eugene Volokh] "USC Canceling Valedictorian's Commencement Speech Looks Like Calculated Censorship"
17 Apr 2024, 3:44 pm
To elaborate on the heckler's veto point, behavior that gets rewarded gets repeated: If all it takes to cancel an event is that "discussion relating to [the event] has taken on an alarming tenor," that just encourages people with all sorts of views on all sorts of issues to try to shut down speakers simply by producing more "alarming" chatter. [read post]
17 Apr 2024, 8:59 am
"Traditionally our courts … have not hesitated to strike down regulatory legislation as repugnant to the state constitution when it is irrational and arbitrary. [read post]
16 Apr 2024, 1:00 pm
Here is my post from when the panel opinion was handed down: [* * *] From today's Fifth Circuit decision in Book People, Inc. v. [read post]
16 Apr 2024, 10:51 am
He rejected their invitation to come down to the utilities department to have a conversation. [read post]
15 Apr 2024, 9:01 pm
Last week, the Arizona Supreme Court upheld an 1864 law that bans abortions and criminally punishes doctors who provide them. [read post]
11 Apr 2024, 9:25 am
The opening paragraphs: Last week, when I went down to speak at UVA Law, I arrived in time to attend a speech about textualism by Justice Jay Mitchell of the Alabama Supreme Court. [read post]
4 Apr 2024, 5:01 am
" Laws like the California COVID misinformation law—and similar efforts by state governments and professional organizations to crack down on false speech—suggest that it is high time to re-examine both the constitutional and subconstitutional legal regimes that either directly or indirectly govern the regulation of false speech in the United States, to better understand what lawmakers should and should not do in response to the current "crisis of truth. [read post]
1 Apr 2024, 12:34 pm
It's easiest to see negative theory in action when the Court strikes down the government's regulation of speech viewed as having no affirmative value, as was the case of the lies about military service in Alvarez. [read post]
[Eugene Volokh] Minor Third-Order-Procedure Decision in Walters v. OpenAI Large Libel Models Lawsuit
1 Apr 2024, 12:29 pm
The rule in federal diversity cases is that an LLC (a Limited Liability Company), unlike a corporation, inherits the citizenship of each of its members, each of its members' members (if some of the members of the LLC are themselves LLCs), and so on, turtles all the way down. [read post]
1 Apr 2024, 8:03 am
A ChatGPT session might, for instance, suggest some legal or factual claims for which user might then track down useful sources. [read post]
29 Mar 2024, 3:52 pm
HLP did not present the Supreme Court with an occasion to drill down into how much "coordination" or "direction" is required to amount to the provision of "services" within the meaning of § 2339B. [read post]
29 Mar 2024, 5:01 am
The public Cortland Housing Authority (near Syracuse) required its tenants not to possess "firearms … or other weapons as defined by the laws and courts of the State of New York" on its property. [read post]