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7 May 2024, 7:12 am by Scott Bomboy
On the National Constitution Center’s Interactive Constitution, scholars Geoffrey Stone and Eugene Volokh explain these protections do not apply beyond government actions to restrain speech: “The First Amendment does not protect speakers, however, against private individuals or organizations, such as private employers, private colleges, or private landowners. [read post]
7 May 2024, 5:01 am by Eugene Volokh
The boycott of Columbia graduates by a group of judges led me to the following thoughts (adapted from a post about the 2022 boycott of Yale Law graduates, which was begun by a judge who is also one of the signatories to the Columbia boycott). [read post]
6 May 2024, 5:10 pm by Eugene Volokh
["[T]his case is simply about whether a State may prevent people within its borders from going to another State, and from assisting others in going to another State, to engage in lawful conduct there. [read post]
6 May 2024, 11:54 am by Eugene Volokh
["And no matter how peaceful the students' behavior may be, unilaterally taking over a central portion of our campus for one side of a hotly disputed issue and precluding use by other members of our community is not right. [read post]
6 May 2024, 10:42 am by Eugene Volokh
[How should courts interpret state constitutional provisions that read, "All people are born equally free and independent, and have certain inherent rights: among these are life, liberty and the pursuit of happiness; to secure these rights, governments are instituted, deriving their just powers from the consent of the governed. [read post]
6 May 2024, 9:20 am by Eugene Volokh
The request's theory is that the post violated the copyright in a tumblr post, https://www.tumblr.com/case49news/745091056157196289/fourth-circuit-on-one-sided-pseudonymity-in-sexual: Re: Unknown NOTICE TYPE:DMCA Copyright claim 1 KIND OF WORK: Unspecified DESCRIPTION[:] [REDACTED] ORIGINAL URLS: https://www.tumblr.com/case49news/745091056157196289/fourth-circuit-on-one-sided-pseudonymity-in-sexual ALLEGEDLY INFRINGING URLS:… [read post]
6 May 2024, 5:01 am by Eugene Volokh
[When may plaintiffs in highly politically controversial cases sue pseudonymously, in order to avoid public hostility?] [read post]
5 May 2024, 7:04 am by Jonathan H. Adler
My co-blogger David Bernstein thinks such criticisms are overblown, while Eugene Volokh fears the definition could chill legitimate (and non-antisemitic) criticism of Israel. [read post]
3 May 2024, 11:33 am by David Bernstein
More sober critics, like co-blogger Eugene V. earlier today, worry about the chilling effect it will have on anti-Israel speech given that hostile environment cases sometimes rest in part on speech that would otherwise be constitutionally protected. [read post]
3 May 2024, 9:32 am by Eugene Volokh
["I am writing today to reiterate the reasons why the encampment is so problematic and why I am calling on you to end it. [read post]
3 May 2024, 8:49 am by Eugene Volokh
HR6090, which passed the House of Representatives Wednesday by a 320-91 vote, would provide, in relevant part, For purposes of this Act, the term "definition of antisemitism"— (1) means the definition of antisemitism adopted on May 26, 2016, by the IHRA [International Holocaust Remembrance Alliance], of which the United States is a member, which definition has been adopted by the Department of State; and (2) includes the "[c]ontemporary examples of antisemitism"… [read post]
3 May 2024, 8:11 am by Eugene Volokh
ORIGINAL URLS: 01. https://europeannewschannels.blogspot.com/2024/01/fourth-circuit-on-one-sided.html ALLEGEDLY INFRINGING URLS: 01. https://reason.com/volokh/2024/02/21/fourth-circuit-on-one-sided-pseudonymity-in-sexual-assault-cases/ JURISDICTIONS[:] CA The blogspot.com post has apparently been removed, but there appears to be an archived version here. [read post]
2 May 2024, 2:00 pm by Eugene Volokh
Just circulated: Our community is in deep pain. [read post]
2 May 2024, 9:47 am by Eugene Volokh
Various district courts have put out such orders; here's the most recent I've seen, a Standing Order on Requests for Hearings and Oral Arguments from Magistrate Judge David Horan (N.D. [read post]