The Aporia · Open Thread

Eugene Volokh

187 article(s) here · 0 carrying a prediction

🔮 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

🔮 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

🔮 Before doing so, "he entered the coffee shop to purchase a cookie, which he hoped would be seen as a sign of goodwill."

2026-10-30 · assertive framing · Discovery Sanctions Recommended in "Are You a Jew? … Are You a Zionist?" Case

🔮 While individuals who are the subjects of unwanted speech may be able to limit some speech directed to them, they cannot limit offensive speech about them directed to others.

2026-10-30 · assertive framing · 10-Year "Harassment"/"Stalking" Sentence for Repeatedly Criticizing Police Detective Violated First Amendment, Amicus Brief Argues

🔮 Because "the conduct regulated depend[ed] on—and [could not] be separated from—the ideas communicated," Florida's law was "functionally a regulation of speech" implicating the First Amendment.

2026-10-29 · assertive framing · Law Banning Employer Requirements That Employees Listen to Employer's Religious or Political Speech Likely Violates Employer's First Amendment Rights

Also by Eugene Volokh

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

2026-11-02 · Reason

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

2026-11-02 · Reason