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30 Apr 2024, 5:38 am by Eugene Volokh
" -EV] The second states that "[i]n October 2021, several elected officials and candidates spoke at the Patriot Double Down conference hosted in Las Vegas, Nevada by antisemitic QAnon influencer John Sabal (QAnon John). [read post]
28 Apr 2024, 1:30 pm by Eugene Volokh
And the university must protect their right to peacefully protest by using "other, less restrictive means" than shutting down the rally even when protesters are met with violence or disruption from those who disagree with their message. [read post]
27 Apr 2024, 1:06 pm by Eugene Volokh
We've been told that the encampment must be torn down immediately, and that it must be allowed to stay; that discipline is not the answer, and that it is the only answer. [read post]
26 Apr 2024, 11:05 am by Guest Author
Eugene Scalia, the former Secretary of Labor, son of the former Justice, and a partner at Gibson Dunn, filed a lawsuit in the U.S. [read post]
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]
24 Apr 2024, 1:52 pm by Eugene Volokh
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 by Eugene Volokh
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 by Eugene Volokh
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 by Michael C. Dorf
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 by Eugene Volokh
While people gathered on the street, however, some approached Meinecke, knocked him down, and took one of his shoes. [read post]
17 Apr 2024, 3:44 pm by Eugene Volokh
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 by Eugene Volokh
"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 by Eugene Volokh
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 by Eugene Volokh
He rejected their invitation to come down to the utilities department to have a conversation. [read post]
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 by Eugene Volokh
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 by Eugene Volokh
" 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 by Eugene Volokh
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]