The Aporia · Open Thread

Eugene Volokh

192 article(s) here · 0 carrying a prediction

🔮 In May 2025, Harvard revoked Plaintiff's tenure and terminated her appointment with HBS.

2026-11-02 · mixed framing · Prof. Francesca Gino's Contract and Discrimination Claims Against Harvard Business School Dismissed

🔮 The requirement would hold DSPs liable for their failure to adhere to state-set publication standards, not only "treat[ing] [them] as … publisher[s] or speaker[s]," but treating them as publishers subject to sweeping state controls.

2026-11-02 · mixed framing · Fifth Circuit Will Decide En Banc Whether § 230 Preempts Texas Mandates on Social Media Platforms

🔮 From Sanchez v. Almond, decided Wednesday by Judge John McConnell (D.R.I.): Mr. Sanchez began working at the office of Rhode Island Governor Daniel J. McKee in May 2021 as a "constituent services" staffer.

2026-11-02 · assertive framing · Firing of R.I. Governor's Staffer for Pro-Gaza-Ceasefire/"End to the Occupation" Post Violated First Amendment

🔮 Beauchamp believed that the post appeared to condone murder based on the victim's political viewpoints and statements and became concerned that this post and perception would reflect on GCAO in the public's eyes and thereby undermine the public's trust in GCAO's official duty to prosecute homicides without bias and without regard to a victim's views, statements, or affiliations.

2026-11-02 · assertive framing · Firing for "Rot in Hell Charlie Kirk" Post Upheld

🔮 After Judge Covington announced that she would be denying McClain's suppression motion, Outlaw stood up and said "the judge is a cocksucker" loud enough for Judge Covington to hear.

2026-11-02 · assertive framing · Some Surprisingly Tolerant Judges out There in Pennsylvania

🔮 According to the Complaint, in August 2024, Plaintiffs and other District community members learned that then-member of the Board of School Directors of Souderton Area School District (the "Board") William Formica posted lewd comments on social media about Vice President Kamala Harris, disparaging teachers and non-English speakers, and deriding diversity programs.

2026-11-02 · assertive framing · Promise to Apologize Might Be Enforceable—but Court Can't Order Apology if None Was Finally Agreed to

🔮 Some excerpts from the long First Superseding Indictment in U.S. v. Hakim (E.D. Mich.), filed Oct. 21, alleging conspiracy to transmit threats in interstate commerce as well as, for two defendants, witness intimidation and destruction of property to prevent seizure (8 of the 12 defendants had originally been indicted in May); the targets included UM officials and businesses connected with them, as well as the Jewish Federation of Metropolitan Detroit:

2026-11-01 · assertive framing · 12 Defendants Indicted for Threats Aimed at Causing University of Michigan and Others to Sever Ties with Israel

🔮 Because "[t]he costs and efforts required to defend a lawsuit through [discovery] could chill free speech nearly as effectively as the absence of the actual malice standard altogether[,]" a public figure plaintiff must plausibly allege actual malice at the outset of the litigation.

2026-10-31 · assertive framing · Trump vs. WSJ Libel Lawsuit over Trump's Alleged Birthday Wishes to Epstein Thrown out

🔮 The First Amendment forbids a State from using its investigative power that way, and I will not allow it while this case is pending.

2026-10-30 · assertive framing · Court Blocks W. Va. AG's Subpoena to Environmentalist Nonprofits

🔮 The same logic could apply to nuns who had felt religious pressure to do the educational or nursing work that their order was known for, or to monks who had felt religious pressure to do agricultural work that supports the monastery.

2026-10-30 · assertive framing · Amicus Brief in OneTaste Criminal Prosecution

Also by Eugene Volokh

Open Thread

2026-11-03 · Reason

Journal of Free Speech Law: "Protecting the Thinking Process in Human-AI Interaction: The Forum Interstitiale Between Thought and Expression," by Caroline De Cock

2026-11-02 · Reason

Prof. Francesca Gino's Contract and Discrimination Claims Against Harvard Business School Dismissed

2026-11-02 · Reason

Fifth Circuit Will Decide En Banc Whether § 230 Preempts Texas Mandates on Social Media Platforms

2026-11-02 · Reason

Nothing else under this byline is closely related to this article, so these are simply their most recent.

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