👤 Eugene Volokh

192 articles tracked

About this journalist

Articles
192
2026-08-24 – 2026-11-03
Claims per article
29
5,520 extracted in total
Hedged claims
14%
corpus average 9%
Typical length
5,178
characters · 2 tagged analysis
Writes for Reason.
Hedged claims are ones written with attribution or uncertainty (“reportedly”, “according to”). A higher rate is not a fault: it is often careful sourcing. How these are measured.

What they cover

Politics
39%
Other
29%
Crime & Law
18%
Education
8%
Technology
4%
Entertainment
2%
Most-tagged topics
U.S.CourtFirst Amendmentthe First Amendmentthe United StatesAmericanCongressState

Leaning

+0.02 average ± 0.13 · +0.15 median · 50 scored articles
Sits to the right of their own outlet, which averages -0.12 — the whole interval clears it. Leaning rates the writing, not the subject. How it is scored.

More from this journalist

Ordered by how many newsrooms covered the same event.
2026-09-28 · Reason · Politics
Free Speech Unmuted: Can the President Kick Reporters out of the White House?
35 outlets covered this event
2026-09-24 · Reason · Politics
White House Says It's Complying with TRO Requiring Restoration of CNN, MS NOW, and Politico Reporters' Access, Despite …
35 outlets covered this event
2026-09-24 · Reason · Politics
TRO Issued Ordering Reinstatement of CNN, MS NOW, and Politico White House Access
35 outlets covered this event · leans left
2026-09-23 · Reason · Politics
President Trump's Legal Argument in Support of Excluding CNN, MS NOW, and Politico from the White House
35 outlets covered this event · leans strongly right
2026-09-18 · Reason · Politics
Can President Trump Ban CNN, MS NOW, and Politico from White House?
35 outlets covered this event · leans left
2026-09-05 · Reason · Crime & Law
How Would You Have Applied Massachusetts Law in the Lindsay Clancy Trial?
28 outlets covered this event

What they said would happen

2026-08-24 · Reason
Ben & Jerry's Lawsuit Over "Social-Mission"-Related Contract Related to Its Earlier Sale
🔮 There's also an accusation that Unilever "violat[ed] a 2022 settlement over the sale of Ben & Jerry's trademark rights in Israel, by failing to pay $2.5 million to Ben & Jerry's and $2 million to support Palestinian almond farmers"; the parties "agreed that claims over the missed payments could proceed for now." assertive
2026-08-25 · Reason
No Preliminary Injunction Against Applying Birth Sex Policy to Intersex Plaintiff's Global Entry Card …
🔮 Because the State Department's policy provides that all passports will remain valid until their expiration date, Ms. Jansen is not at an imminent risk of experiencing the harms stemming from carrying a passport with a male sex marker…. assertive
2026-08-27 · Reason
High School's Ordering Parents to Remove Pink "XX" Protest Wristbands at Girls' Soccer Game Likely Violated First Amendment
🔮 We conclude that on these facts the differences in analysis would not affect the outcome here…. assertive
2026-08-27 · Reason
Prosecution of Congresswoman for Assaulting and Impeding Federal Officials at ICE Delaney Hall Detention Facility Can Continue
🔮 On May 9, 2025, Congresswoman McIver and two other Representatives conducted an unannounced congressional oversight inspection of Delaney Hall Federal Immigration Facility, pursuant to statutory authority…. assertive
2026-08-27 · Reason
Court Upholds N.Y. Law Mandating Platforms Post Terms of Service and Report How Content Moderation Policies Have Been Enforced
🔮 Businesses might not always want to share every detail about the products or services they offer. assertive
2026-08-28 · Reason
No Anti-Stalking Order Against Rabbi Based on His Actions Opposing Anti-Israel Protest
🔮 This case arises from three incidents that occurred on three separate days in March and May of 2024 during demonstrations in front of the Israeli embassy…. assertive
2026-08-31 · Reason
Lawsuit Over Outing of Gay Saudi Residents by Lufthansa in Saudi Arabia Can Proceed
🔮 Roe is a Saudi Arabian citizen who, until May 2021, was living full-time in Riyadh and working as a result estate [real estate? -EV] investor. mixed
2026-09-03 · Reason
Florida Revenge Porn Law Doesn't Cover Simulated Sexual Conduct That's Implied Rather Than Shown
🔮 To state a violation of § 784.049, a plaintiff must plausibly allege - Defendant published a sexually explicit image of Plaintiff on an internet website; - The image contained or conveyed Plaintiff's personal identification information; - Defendant acted willfully and maliciously, for no legitimate purpose, and with the intent of causing substantial emotional distress to Plaintiff; - Plaintiff did not consent to the publication…. The dispute was about whether the video showed a "sexually explicit image," and the court said no: [T]he statute defines {"sexually explicit image"} as any photograph or video that depicts "nudity" or depicts "any person engaging in sexual conduct." … assertive
2026-09-03 · Reason
Puerto Rico Has Rational Basis for Allowing Only Two Genders for Birth Certificate Gender Changes
🔮 Under the rational basis standard, government conduct "is presumed to be valid and will be sustained if the classification drawn by the statute is rationally related to a legitimate state interest." assertive
2026-09-04 · Reason
Sean Combs (P. Diddy)'s Defamation Suit Can Go Forward (Including Against NewsNation)
🔮 If it were, then any profit-seeking news organization could face liability for its failure to investigate, contrary to the principle that a publisher is not "required to seek out contrary stories" to insulate itself from a finding of actual malice. mixed
2026-09-04 · Reason
Lawyers' Responsibility for Hallucinations in Briefs That They Sign
🔮 Such a requirement would be impractical, unduly burdensome, and unnecessarily duplicative given the availability of reasonable alternative procedures to guard against erroneous citations. mixed
2026-09-04 · Reason
"Incredulity" That "Competent Law Firm Representing One of the Largest Financial Institution[s] in the World" Filed Brief with AI Hallucinations
🔮 As part of this mea culpa, Ms. Hall assured the court that she had taken the remedial measure of verifying that the remaining citations in the brief were legitimate authority and pledged that, going forward (presumably in her representation of other clients), she would not rely on any AI tool "for legal research without confirming each authority" or file anything that includes citations she has not independently verified. assertive
2026-09-05 · Reason
How Would You Have Applied Massachusetts Law in the Lindsay Clancy Trial?
🔮 If you have followed the factual allegations in the case, please post a comment and indicate how you would have voted if you were a juror, based on your knowledge (even if limited) of the factual allegations, and why you would have so voted. mixed
2026-09-05 · Reason
N.C. Court Has Jurisdiction over Alienation of Affection Claim Brought Against Ex-Arizona-Senator Kyrsten Sinema
🔮 A malicious act "include[s] any intentional conduct that would probably affect the marital relationship. assertive
2026-09-05 · Reason
Opera Star Anna Netrebko Loses Follow-Up Defamation Case Against the N.Y. Metropolitan Opera
🔮 In a phone call on March 2, Gelb told Netrebko to issue a statement specifically denouncing Putin, or she would be fired. assertive
2026-09-06 · Reason
Alienation of Affections as Complicity
🔮 Perhaps most analogously to alienation of affections, if Alan breaches his contract with Betty, and Cathy encouraged him to breach it, she will in many situations be liable for intentional interference with contract. assertive
2026-09-06 · Reason
Brief Update on the Entergy / Arkansas Democrat-Gazette Matter
🔮 Mostly law professors | Sometimes contrarian | Often libertarian | Always independent From the docket this morning; for more on the case, see here and here (the latter item notes the sealing, and expresses the now-realized hope that "the motion will be unsealed at some point soon"): Via email, Plaintiff has informed the Court that it will not be pursuing preliminary injunctive relief…. assertive
2026-09-06 · Reason
Judge's Opinion Denying TRO Against Arkansas Democrat-Gazette as to Publishing of Data Center Plans
🔮 The court concluded that, even "assuming arguendo that there's a fair chance that the press defendants have violated the federal and state trade secrets provisions," the First Amendment would preclude the TRO: assertive
2026-09-08 · Reason
Forensic Election Fraud Analysts Allege Defendants Defamed Them as "Retaliation for Plaintiffs' Refusal to Report False Findings of Election Fraud"
🔮 Lambert … falsely stated that the Plaintiffs had conflicts of interest with her clients and/or her firm, that she would sue the Plaintiffs if they were to be engaged in these relationships, and implicitly that she would take legal action against the relationships themselves if they were to hire Plaintiffs. mixed
2026-09-08 · Reason
Was D.C. Bar's Liquor License Denied Partly Based on Owner's Speech Criticizing Anti-Masking/Vax-Proof Requirement Speech?
🔮 The court concluded that "The Big Board's refusal to comply with the orders was not expressive conduct protected by the First Amendment," so not renewing his license based solely on such refusal would have been constitutional: assertive
2026-09-08 · Reason
"Jewish, Zionist" Teachers' and Parents' Lawsuit Over Allegedly Anti-Capitalist and Anti-Zionist School Curriculum Can Be Refiled, Ninth Circuit Rules
🔮 [Nor do they] offer … facts that would suggest inevitable or likely exposure to the curriculum (or its harmful effects)…. mixed
2026-09-11 · Reason
Geof Stone and I on "The State of Free Speech in 2026" (from the National Constitution Center)
🔮 Mostly law professors | Sometimes contrarian | Often libertarian | Always independent I much enjoyed participating in this, and I expect many of our readers will much enjoy listening to it. assertive
2026-09-12 · Reason
Court Upholds $7.85M Verdict for Employees Fired for Refusing to Get COVID-19 Vaccine
🔮 Mostly law professors | Sometimes contrarian | Often libertarian | Always independent An excerpt from the long opinion today in Lewis-Williams v. S.F. Bay Area Rapid Transit Dist., decided by Judge Ryan Nelson, joined by Judges Johnnie Rawlinson and Bridget Bade: San Francisco Bay Area Rapid Transit District seeks to overturn a jury verdict of $7,824,580 to six former employees for Title VII violations for failure to accommodate their sincere religious objections to a COVID-19 vaccine mandate. assertive
2026-09-14 · Reason
Police Department May Decline to Release Names of Officers Trained by ICE
🔮 affirming a police department's "redact[ing] officers' names from certain training certificates" released in response to a Right-to-Know Law request for a police department's "287(g) agreement" with ICE: Section 708(b)(1)(ii) of the RTKL exempts from disclosure a record that "would be reasonably likely to result in a substantial and demonstrable risk of physical harm to or the personal security of an individual." assertive
2026-09-14 · Reason
Federal Court Allows Libel-by-AI Claim (Brought by Protagonist of Apple TV's Black Bird Series) to Go Forward
🔮 Keene alleged that, from May 24 to June 27, 2025, at least four Google "AI Overviews" said false things about him: - Keene was "serving a life sentence without parole for multiple convictions." - He was "serving a life sentence without parole for the murders of three women." - He "was convicted of drug trafficking." mixed
2026-09-14 · Reason
The Brief "Contained False Testimony from Wholly Fabricated Witnesses"
🔮 WHEREAS, Respondent admitted to the Court that he did not verify the factual claims and legal authority in his AI-generated brief before signing it and filing it with the Court, and that he did not inform his client of this failure or that the brief in chief contained multiple factual and legal misrepresentations; {WHEREAS, this matter came on for consideration by the Court upon its own motion to show cause, whereupon the Court issued an order to show cause to Respondent, Defendant-Appellant's attorney Stephen D. Aarons, directing him to show cause in person before the Court on August 21, 2026, why he should not be held in contempt and referred to the Disciplinary Board for the factual and legal misrepresentations he made to the Court in his brief in chief, and response thereto;} WHEREAS, Respondent also admitted to the Court that he did not inform his client of the order to show cause proceedings or provide his client with copies of the order to show cause pleadings; WHEREAS, the Court having considered the response and oral argument presented, concludes that Respondent demonstrated a lack of remorse and a lack of concern for his client; … Chief Justice Julie J. Vargas, Justice Michael E. Vigil, Justice C. Shannon Bacon, Justice David K. Thomson, and Justice Briana H. Zamora concurring; NOW, THEREFORE, IT IS ORDERED that Respondent, STEPHEN D. AARONS, is found in DIRECT CONTEMPT OF COURT; IT IS FURTHER ORDERED that this matter, with respect to Respondent, is hereby referred to the Disciplinary Board for further consideration; IT IS FURTHER ORDERED that Respondent is barred from appearing before this Court, pending the outcome of the investigation and proceedings, if any, before the Disciplinary Board; IT IS FURTHER ORDERED that, following the Disciplinary Board investigation and proceedings, if any, the Court will make further determinations regarding Respondent in accordance with the Rules Governing Discipline; IT IS FURTHER ORDERED that the Law Office of the Public Defender is hereby appointed to represent Defendant-Appellant in this appeal and shall assign counsel to this matter who shall enter an appearance on behalf of Defendant-Appellant forthwith; IT IS FURTHER ORDERED that all briefing filed in this matter is hereby STRICKEN; IT IS FURTHER ORDERED that, following the entry of appearance of new defense counsel, a new briefing order shall be issued and the case will proceed with the intention that it will be heard during the Court's 2026-2027 term; IT IS FURTHER ORDERED that as a sanction for direct contempt, Stephen D. Aarons shall, within thirty (30) days of the date of this order, pay a sum of five thousand dollars ($5,000) to the State Bar of New Mexico Client Protection Fund and shall notify the Court in writing when such payment is made …. Read the Ars Technica story for more. mixed
2026-09-14 · Reason
Journal of Free Speech Law: "Forced Unanimity and the First Amendment," by Frank LoMonte
🔮 If you purposefully set out to concoct a government policy guaranteed to be unconstitutional, here is how you would do it. mixed
2026-09-14 · Reason
Libel Suit Against Book Publisher by Doctor Accused of Performing Unnecessary Gynecological Procedures on Immigration Detainees Can Go Forward
🔮 As Defendant's counsel conceded on the record at the April 28 Conference, the fair report privilege is contextual and depends on whether a reader would understand that a statement refers to the background or findings of a proceeding. assertive
2026-09-15 · Reason
Journal of Free Speech Law: "The Government Speech Doctrine Goes to School," by Heidi Kitrosser
🔮 It also relies on a populist sensibility that separates its supporters—"the people"—from those who would indoctrinate them. assertive
2026-09-15 · Reason
Restriction on K-12 Teaching of Certain Race/Sex-Related "Concepts" Not Unconstitutionally Vague
🔮 Under subsection B of Oklahoma H.B. 1775, public-school employees may not "require or make part of a course" any of eight prohibited "concepts." assertive
2026-09-15 · Reason
$175K Settlement in Suit Over Requiring Fifth-Graders to Read Pro-Gender-Ideology Books to Kindergarten Students (with No Opt Out)
🔮 Furthermore, the teachers suggested that similar buddy activities would be provided in the future without notice and an opportunity to opt out. assertive
2026-09-15 · Reason
Journal of Free Speech Law: "Gags and Grievance: The Labor Origins of Whistleblowing," by Sarah Milov
🔮 These gag orders, first promulgated by the Postmaster General in the late 19th century and later expanded by executive orders issued by Theodore Roosevelt and William Taft, prohibited civil servants from petitioning or giving information to Congress, or advocating for improved pay or working conditions except through their departmental head. assertive
2026-09-16 · Reason
Samantha Barbas Guest-Blogging on "Hate Speech: The Legal and Cultural History of an American Dilemma"
🔮 I'm delighted to welcome Prof. Samantha Barbas (Iowa), who will be guest-blogging this week and next about her new book. assertive
2026-09-16 · Reason
The Anti-Nazi Law
🔮 These exercises were part of a youth summer camp called Wille und Macht (Will and Might), sponsored by the Friends of the New Germany, the largest Nazi organization in America, with more than ten thousand members. assertive
2026-09-17 · Reason
Free Speech Unmuted: Spoiler Alert: Can You Get Sued For Revealing A Plot Point?
🔮 Along the way, they consider why describing an ending differs from posting a clip, how leaks of unpublished material complicate the analysis, and when a spoiler might cross the line from bad manners to legal liability. assertive
2026-09-17 · Reason
Strip Searches Generally Aren't Allowed as Searches Incident to Arrest, Third Circuit Holds,
🔮 After arresting a suspect, officers may search his person for weapons or evidence without a warrant or any further justification. mixed
2026-09-17 · Reason
Influencer Haley Kalil's Remarks About Ex-Husband Matt Kalil's Penis Size Were "Newsworthy," and Thus Not Tortious
🔮 The court rejected Matt's disclosure of private facts claim: Under Minnesota law, "[p]ublication of private facts is an invasion of privacy when one gives publicity to a matter concerning the private life of another if the matter publicized is of a kind that (a) would be highly offensive to a reasonable person, and (b) is not of legitimate concern to the public." assertive
2026-09-18 · Reason
Selling Alcohol Isn't a Political Function
🔮 To survive that scrutiny, the State would have to show that the citizenship requirement is narrowly tailored to serve a compelling state interest—an onerous standard. assertive
2026-09-18 · Reason
UC Ban on "Intentional or Repeated Use of a Name or Pronoun Inconsistent with the Individual's Gender Identity" …
🔮 Although this case implicates sensitive matters, the fundamental dispute between the parties is a straightforward question about how to interpret UC's policy: DE contends that the policy prohibits the commonplace or isolated use of birth names and biological pronouns; while UC argues that the policy would not punish that behavior without something more. assertive
2026-09-18 · Reason
Plaintiff's Tourette's Syndrome Doesn't Justify Pseudonymity
🔮 While the Court does not dispute that there remains stigma around this medical condition, it is clear that numerous cases of the same or similar ilk have been prosecuted without the use of a pseudonym [citing several such cases -EV]. Doe asserts that the sensitive information that would necessarily be disclosed in this lawsuit would be particularly personal and subject him to "reputational harm" and "collateral consequences arising from sensitive personal history including prior substance abuse." assertive
2026-09-18 · Reason
Can President Trump Ban CNN, MS NOW, and Politico from White House?
🔮 To be sure, if the exclusion is based on some objective viewpoint-neutral judgment about which outlets are so factually inaccurate that they don't merit inclusion, or about the $8.2M in 2024 federal government subscriptions to Politico newsletters, that might be permissible. mixed
2026-09-18 · Reason
Restriction on Handgun Sales to Out-of-State Residents Violates Second Amendment
🔮 To the extent that prior decisions from this court hint there is an acceptable cost that may be imposed on the basic exercise of Second Amendment rights, they are abrogated by Bruen and its progeny. assertive
2026-09-19 · Reason
General Threats to Kill Jews and "Zionists" Can Be Punished
🔮 The statements included in the Indictment are as follows: - I'm just a random nobody in the US and I can pick any synagogue I want and go postal on it and the president will be visiting the place the next week to pay respects to his real masters. assertive
2026-09-19 · Reason
When You're in a College Electrical Circuits Lab, Better Follow the Teacher's Instructions
🔮 Ruiz came over and offered to assist him, and Soliz told him that he would "get it figured out." assertive
2026-09-20 · Reason
More from Jacob Mchangama on Frederick Douglass's Views on Free Speech
🔮 Ideally the venue of attack would provide the target equal access to respond. assertive
2026-09-21 · Reason
Careful with Those Redactions
🔮 I have often run across documents written by lawyers that looked redacted—but all the supposedly secret information in them could be extracted with literally three keystrokes (ctrl-A, ctrl-C, ctrl-V). assertive
2026-09-21 · Reason
Just a 10% Gender Gap in Attitudes on Lindsay Clancy Verdict
🔮 My Hoover colleague and Stanford political science professor Doug Rivers, who is the chief scientist (and former CEO) of YouGov, tells me that "Among Democrats, 33% of men and 27% of women would find her guilty; among Republicans, 68% of men and 60% of women would find her guilty." assertive
2026-09-21 · Reason
4chan & Kiwi Farms Can't Sue English Internet Regulator in American Court
🔮 Ofcom may issue "information notices," which require recipients to give Ofcom "any information that they require for the purpose of exercising, or deciding whether to exercise, any of their online safety functions." mixed
2026-09-21 · Reason
4chan & Kiwi Farms Can't Sue U.K. Internet Regulator in American Court
🔮 Ofcom may issue "information notices," which require recipients to give Ofcom "any information that they require for the purpose of exercising, or deciding whether to exercise, any of their online safety functions." mixed
2026-09-21 · Reason
MSNBC Pundit's Tweet Accusing Lawyer of "Coach[ing]" Jan. 6 Hearing Witness "to Lie" Wasn't Negligent
🔮 Mr. Passantino [a former Trump administration senior lawyer] represented Ms. Hutchinson at her first three closed-door Select Committee depositions on February 23, March 7, and May 17, 2022. assertive
2026-09-22 · Reason
Someone Trying to Vanish My Post About a No-Pseudonymity Decision
🔮 Defendant claims that he and Plaintiff engaged in consensual sexual activity in May 2018. assertive
2026-09-22 · Reason
$1.1M Libel Award to Drag Performer Who Had Been Accused of Exposing Himself Upheld
🔮 In other words, even if we assumed the district court's ruling was wrong, any alleged error was harmless because the jury determined by clear and convincing evidence that Bushnell acted with actual malice, which would mean that Posey is entitled to recover compensatory damages…. assertive
2026-09-23 · Reason
"White House Access Is a Privilege—Not a Right"
🔮 Barack Hussein Obama now calls a Fox ban "unimaginable," but his White House tried it — and his spokesman admitted they were willing to do it. assertive
2026-09-23 · Reason
President Trump's Legal Argument in Support of Excluding CNN, MS NOW, and Politico from the White House
🔮 [T]he President's actions were not retaliatory because the Government would have taken the same action anyway, notwithstanding Plaintiffs' speech criticizing the President—indeed, the President has not revoked access to other outlets that have equally criticized the President…. assertive
2026-09-23 · Reason
Court Upholds Nonrenewal of URI Lecturer Who Circulated Combative "Declaration of Diversity," Allegedly Intimidated Students
🔮 The Chair of the Political Science Department, Professor Marc Hutchison, decided that Fosu could teach elective courses as a faculty of practice. assertive
2026-09-23 · Reason
Privacy Lawsuit Over Prof's Book That Mentions Former TA's Childhood Sexual Abuse Can Go Forward
🔮 The forms stated that all information shared in class would be confidential, would not be shared outside the classroom without permission, and would be anonymized in the event of publication. assertive
2026-09-24 · Reason
TRO Issued Ordering Reinstatement of CNN, MS NOW, and Politico White House Access
🔮 For the reasons explained below, the Court will grant the Motion…. mixed
2026-09-25 · Reason
Texas Court Refuses to Enforce Pakistan Court's Divorce Judgment, in $100M-Marital-Community-Asset Case
🔮 As a result, efforts to give notice "must include inquiries that someone who really wants to find the defendant would make." assertive
2026-09-25 · Reason
"I Will Not Stand for Being Jerked Around … by Any Lawyer Who Practices Before Me"
🔮 Ms. Freeman will answer EVERY question that is put to her—whether or not the question was asked previously. assertive
2026-09-26 · Reason
May President Trump Exclude CNN from Air Force One? Very Likely Yes
🔮 The White House therefore retains discretion to determine, including on the basis of viewpoint, which journalists will be admitted. mixed
2026-09-26 · Reason
Music Teacher's Defamation Lawsuit Against StopAntisemitism Thrown Out
🔮 On August 21, 2024—the same day that StopAntisemitism shared its feature on plaintiff—Valley Catholic informed plaintiff that it would not be renewing her contract for the 2024-2025 school year…. assertive
2026-09-28 · Reason
ALJ Recommends Dismissing Administrative Charges Against Florida Teacher for Kirk-Related and Trump-Related Posts
🔮 I mean, I could list off all kinds of examples, but we're not here for an art history lesson. assertive
2026-09-29 · Reason
Lawyers Shouldn't Spit in Protesters' Faces (and Police Generally Shouldn't Kick in Doors Without Warrants)
🔮 On June 7th of 2020, while Stephanie Rapkin was sleeping in her bed, members of the Shorewood and Whitefish Bay police departments were outside her home, trying to think of an excuse to enter, so they could arrest her on allegations that she pushed a protestor picketing outside of her home. assertive
2026-09-30 · Reason
Journalist's Publishing Information About Sealed Arrest Protected by First Amendment
🔮 Mostly law professors | Sometimes contrarian | Often libertarian | Always independent From yesterday's Blackman v. Substack, Inc., by California Court of Appeal Justices Tracie Brown and Danny Chou and Marin County Judge Andrew Sweet: "'[I]f a newspaper lawfully obtains truthful information about a matter of public significance then state officials may not constitutionally punish publication of the information, absent a need to further a state interest of the highest order.'" assertive
2026-10-02 · Reason
Jews and Discrimination Based on Religion or Based on Ethnicity?
🔮 Because in the late 1800s, "race" was understood to include what today might refer to "ethnicity" (e.g., German, Arab, Jewish), the Court concluded that § 1981 extends to such discrimination based on ethnicity. mixed
2026-10-02 · Reason
Salman Rushdie Attempted Murder Case: Court Upholds Jury Verdict …
🔮 Here's an excerpt from the discussion of why Matar was acting sufficiently under the direction of a foreign terrorist organization (which is required under the relevant federal statute) rather than just independently—if he had been acting independently, that would have still been attempted murder punishable under state law, but likely not a violation of these statutes: assertive
2026-10-02 · Reason
Red Mass Explosive Man Asked S. Ct. to "Remove Arizona from the United States" and "Declare It a 'Foreign Enemy'"
🔮 When officers told him he would need to move, Geri refused and threatened to throw one of his explosive devices into the street to demonstrate its destructive power. mixed
2026-10-03 · Reason
Judge Temporarily Blocks Dep't of Education Release of Names of Individual Foreign Donors to U.S. Colleges
🔮 Since 2020, the Department has also collected the names of individual foreign donors while stating that it would not publish them. assertive
2026-10-06 · Reason
Amicus Brief Asking Court to Consider Lawyers' Free Speech Rights, in Eastman v. State Bar
🔮 And, if the decision endures, it will likely be followed by many other such decisions. assertive
2026-10-06 · Reason
The "Application for an Extension and the Querulous Opposition Continue the Path of Bikeshedding or … Parkinson's Law of Triviality"
🔮 No further extensions will be granted. assertive
2026-10-07 · Reason
Alabama Public University Professors Must Now Call Gulf of Mexico "Gulf of America" (Except When Speaking on "Historical" Questions)
🔮 The requirements of paragraph a. shall not apply if compliance would impose an operational or financial burden on the state or local entity and their employees. assertive
2026-10-07 · Reason
Interviewing Justice Clint Bolick (Ariz.) at UCLA School of Law Monday, October 19 at 5:30 pm
🔮 He will speak about his experience, and his approach to liberty, both in his time as a lawyer and in his time as a judge. assertive
2026-10-08 · Reason
Outlaw vs. In-Law Outlaw
🔮 In her deposition, [mother-in-law] explained her eye condition as one that could be corrected with reading glasses; she further explained that it made it hard for her to make jewelry, but that she made jewelry more as a hobby and did not support herself by making jewelry. assertive
2026-10-09 · Reason
Is Hair on Your Head "Personal Property" for Purposes of Robbery Law?
🔮 From the Sept. 30 decision in People v. Barraza by California Court of Appeal Justice Richard Huffman, joined by Justices William Dato and Truc Do: [1.] Alberto Jorge Barraza cut off parts of Nikko G.'s hair with a knife as Nikko tried to fight him off. Barraza stabbed Nikko in the leg, severing an artery and killing him. assertive
2026-10-09 · Reason
Kafka's The Trial "Was Not Supposed to Be an Instruction Manual"
🔮 But Michelle Evans could have conveyed her political views without publishing the photo. assertive
2026-10-09 · Reason
Statement About Maine Lobster Industry as a Whole Can't Be Actionable Group Defamation
🔮 And since the 1800s, courts have justified the rule, in part, based on the concern that affording every member of a large group a cause of action would threaten to stifle "free discussion" beneath an avalanche of "embittered and boundless litigation." mixed
2026-10-13 · Reason
Interesting Criminal Case on Proving Intent to Cause Fear, Stemming from Confrontation at Protest
🔮 Two NAMI supporters, whom we will call "June" and "Lynn," names we have randomly chosen in the interest of their privacy, were employees of a large health-insurance company and arrived early to set up a picnic area and booth to greet their participating coworkers and provide information about their employer. assertive
2026-10-13 · Reason
Submit Your Articles to the Journal of Free Speech Law, Before You Circulate Them to the Law Reviews
🔮 But if you submit exclusively to us before that, we will give you an answer within 14 days; and then if you'd like to have it published quickly, we can publish it in within a few months, if it's sufficiently clean and cite-checked by your research assistant. assertive
2026-10-14 · Reason
Court Issues Preliminary Injunction Requiring CNN, MS NOW, and Politico to Be Readmitted to White House
🔮 The Court will grant that motion as well, finding that Plaintiffs are likely to succeed not only on their due process claim, but also on their two First Amendment claims. assertive
2026-10-14 · Reason
TV Station News Managers Fired for Allegedly Anti-Gay Memo Win >$4M from Nexstar Media
🔮 However, when it came to Pride events, the newsroom was deviating from its typical editorial review process, and many reporters were beginning to go cover stories about Pride festivals as soon as they heard that the event was taking place—without discussing with the rest of the newsroom whether the story ought to be covered, whether it was duplicative of another story that had recently aired, or whether some unique aspect of the story could be explored in a way that highlighted the story's overall newsworthiness. assertive
2026-10-14 · Reason
Second Amendment Rights Forfeited by Past Terroristic Threats Conviction
🔮 We hold that some predicate crimes (like Bost's conviction for terroristic threats) demonstrate a prima facie risk of physical violence from misusing guns and that those convicted of such crimes may presumptively be disarmed based on those convictions alone…. assertive
2026-10-14 · Reason
Lawsuit Alleging Bank Played Role in Facilitating "Jeffrey Epstein's … Sex-Trafficking Operation" Can Go Forward
🔮 While any one of FirstBank's services to Epstein may be claimed to be "routine" (though in many instances even that is suspicious), together, the complaint alleges that FirstBank was deeply enmeshed in Epstein's misconduct for its own financial benefit…. assertive
2026-10-14 · Reason
Florida "Addictive Features" Social Media Restrictions on Minors Likely Constitutional, Eleventh Circuit Holds
🔮 It would hold up only if websites have an inherent expressive value that differs from the expressive value inherent in all books. assertive
2026-10-15 · Reason
No Pseudonymity for Apparent Hazer Suing University for Supposedly Improper Actions Against Her
🔮 The standard for the granting of Pseudonym status can be found in Practice Book § 11–20A(h)(1) which provides in pertinent part: "Pseudonyms may be used in place of the name of a party or parties only with the prior approval of the judicial authority and only if the judicial authority concludes that such order is necessary to preserve an interest which is determined to override the public's interest in knowing the name of the party or parties. assertive
2026-10-15 · Reason
California Law Generally Requiring Federal Law Enforcement Officers to Display ID Violates Supremacy Clause
🔮 Officers who violate the law may be criminally prosecuted by the State. assertive
2026-10-15 · Reason
Eleventh Circuit Rejects Netchoice's Challenge to Georgia Law Restricting Under-16-Year-Old Social Media Access
🔮 Even in First Amendment cases, where the facial-challenge bar is lower than it otherwise might be, the plaintiff [in a facial challenge] must show that "a substantial number of [the law's] applications are unconstitutional, judged in relation to the statute's plainly legitimate sweep." assertive
2026-10-16 · Reason
Anticipated Religious Clashes Can't Justify Current Restriction on Parents' Religious Upbringing of Child
🔮 [Under Pennsylvania precedent,] [A] court may prohibit a parent from advocating religious beliefs, which, if acted upon, would constitute a crime. mixed
2026-10-16 · Reason
Devin Nunes Loses Libel Suit Based on Rachel Maddow Show Statements
🔮 The dictionary definition of "refuse" cited by Nunes includes this meaning: "to show or express an unwillingness to do or comply with." assertive
2026-10-16 · Reason
"If You Throw a Skunk into the Jury Box, You Can't Instruct the Jury Not to Smell It"
🔮 Some colorful lawyer wisdom (see, e.g., Dunn v. U.S.(5th Cir. 1962)); I found versions of this in newspapers going back to 1931, though it may have been a familiar phrase even then. speculative
2026-10-17 · Reason
$6M Verdict in #TheyLied Defamation Lawsuit Brought Over Sexual Harassment Allegations
🔮 During a discussion in 2016 concerning whether Sabatini would endorse Knouse's application for an upcoming fellowship at Whitehead, Sabatini expressed concern that Knouse took herself too seriously and asked Knouse whether she ever had "fun," "fuck[ed] around," or had sex. assertive
2026-10-17 · Reason
$65K Settlements with EEOC Over Failure to Accommodate Muslim and Christian Employees' Religious Days Off
🔮 Mostly law professors | Sometimes contrarian | Often libertarian | Always independent From a press release last month, just posted on Westlaw: N.C. Detective Agency, a Durham-based security company, will pay $65,231 in compensatory damages and back pay, and take other corrective actions to voluntarily resolve a religious discrimination investigation by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today. assertive
2026-10-18 · Reason
"The Supreme Court Should Not Have to Keep Trimming the Same Poison Ivy One Tiny Branch at a Time"
🔮 The reality is that our en banc court is often unable or unwilling to fix things at odds with Supreme Court precedent. assertive
2026-10-19 · Reason
Civilians Using Guns to Defend Against Multiple Shootings
🔮 Readers might want to know: How often do civilians use guns to help stop shooters who pose ongoing threats to multiple people? assertive
2026-10-21 · Reason
Body Armor Ban Struck Down by N.Y. Federal Court
🔮 Body armor may be used more today than Defendants' understanding of its use in 1791. assertive
2026-10-21 · Reason
"The Three Words That Explain American Government: 'Right to Sue,'" by Stanford Law Prof. Diego Zambrano
🔮 Critics fear that the Department of Justice's antitrust division will overlook mergers when it is convenient for the administration. assertive
2026-10-23 · Reason
"The District Court—or Perhaps, Being Charitable, Its AI Agent—Ignored and Manipulated Governing Law, Apparently to Satisfy a Policy Agenda"
🔮 The original TRO—the one actually issued on July 20, 2025—named as plaintiffs eleven individuals and organizations who had never been party to the case; named as defendants two officials who were not actually sued; claimed, without evidence, that three post-secondary institutions had already cancelled DEI initiatives or programming because of the act; further declared, again without evidence, that staff at another school had been told not to discuss certain topics, including "historical interpretations involving systemic racism"; misquoted H.B. 1193 as applying to "race or sex stereotyping," "race or sex scapegoating," "critical race theory," and "institutional bias," despite none of these terms' appearing in the act's text; and referenced purported declarations of four individuals who do not appear in the record at all and may not even exist…. assertive
2026-10-24 · Reason
Open Thread
🔮 The Volokh Conspiracy Mostly law professors | Sometimes contrarian | Often libertarian | Always independent New from Reason: a look into what Javier Milei has accomplished and what it will take to make the most of Argentina’s window for real change. assertive
2026-10-25 · Reason
Open Thread
🔮 The Volokh Conspiracy Mostly law professors | Sometimes contrarian | Often libertarian | Always independent New from Reason: a look into what Javier Milei has accomplished and what it will take to make the most of Argentina’s window for real change. assertive
2026-10-26 · Reason
Harassment Restraining Order Based Largely on Speech Critical of Zoo Veterinarian,
🔮 When reviewing whether the evidence was sufficient to support the issuance [or extension] of a 258E order, we consider [consistently with the statutory requirements] whether, "by a preponderance of the evidence, together with all permissible inferences," the judge could have found "that the defendant had committed '[three] or more acts of willful and malicious conduct aimed at a specific person committed with the intent to cause fear, intimidation, abuse or damage to property and that [did] in fact cause fear, intimidation, abuse or damage to property.'" assertive
2026-10-26 · Reason
Court Declines to Dismiss Threat Indictment Based on "I'm Going to Shoot up a Synagogue" Post
🔮 The Indictment alleges that Holmes posted on that account several statements against the Jewish community and Israel, including: "The jew will be destroyed and discarded," "From the river to the sea every Jew will die," "You inbred people will all die," and "Die Jew." assertive
2026-10-27 · Reason
Hasan Piker Sues Scott Jennings
🔮 Still others predicted that someone would eventually remove the context and circulate the resulting footage as though Mr. Piker had been speaking sincerely. assertive
2026-10-27 · Reason
Alibaba and the Forty Lobbyists, and the First Amendment
🔮 Defendants observe that Alibaba is not completely banned from appearing before the federal government—it could hire more in-house lobbyists or find a firm that is willing to forgo defense contractor clients…. assertive
2026-10-29 · Reason
Cancellation, Defamation, Bankruptcy, Discharge
🔮 Days before the trial was set to begin, however, Whibley filed for bankruptcy in the District of Maryland, which triggered an automatic stay of the Pennsylvania case. assertive
2026-10-29 · Reason
Eric Coomer (of Dominion Voting) Loses Libel Lawsuit over The Deep Rig
🔮 According to Oltmann, the speaker stated on the call in substance that President Donald J. Trump would not win the election because he had "made sure of it." mixed
2026-10-29 · Reason
"Plaintiff Appears to Be a Well-Educated Individual with Time on His Hands,"
🔮 Alas, like other formerly unique human skills, I expect this one too will fall victim to competition from AI. assertive
2026-10-29 · Reason
The Law and Democrats Allegedly Recruiting Second "Dan Sullivan" to Run in Alaska Senate Race
🔮 The hope would be to siphon votes away from Sullivan. mixed
2026-10-29 · Reason
Even "Trumpy Judges" and "Woke Judges" Might Know More Law Than You Do
🔮 You might assume that some judge is "woke" or "Trumpy" or what have you, but there's a pretty good chance that the judge's legal analysis is still correct. assertive
2026-10-29 · Reason
Law Banning Employer Requirements That Employees Listen to Employer's Religious or Political Speech Likely Violates Employer's First Amendment Rights
🔮 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. assertive
2026-10-30 · Reason
10-Year "Harassment"/"Stalking" Sentence for Repeatedly Criticizing Police Detective Violated First Amendment, Amicus Brief Argues
🔮 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. assertive
2026-10-30 · Reason
Discovery Sanctions Recommended in "Are You a Jew? … Are You a Zionist?" Case
🔮 Before doing so, "he entered the coffee shop to purchase a cookie, which he hoped would be seen as a sign of goodwill." assertive
2026-10-30 · Reason
Amicus Brief in OneTaste Criminal Prosecution
🔮 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. assertive
2026-10-30 · Reason
Court Blocks W. Va. AG's Subpoena to Environmentalist Nonprofits
🔮 The First Amendment forbids a State from using its investigative power that way, and I will not allow it while this case is pending. assertive
2026-10-31 · Reason
Trump vs. WSJ Libel Lawsuit over Trump's Alleged Birthday Wishes to Epstein Thrown out
🔮 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. assertive
2026-11-01 · Reason
12 Defendants Indicted for Threats Aimed at Causing University of Michigan and Others to Sever Ties with Israel
🔮 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: assertive
2026-11-02 · Reason
Promise to Apologize Might Be Enforceable—but Court Can't Order Apology if None Was Finally Agreed to
🔮 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. assertive
2026-11-02 · Reason
Some Surprisingly Tolerant Judges out There in Pennsylvania
🔮 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. assertive
2026-11-02 · Reason
Firing for "Rot in Hell Charlie Kirk" Post Upheld
🔮 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. assertive
2026-11-02 · Reason
Firing of R.I. Governor's Staffer for Pro-Gaza-Ceasefire/"End to the Occupation" Post Violated First Amendment
🔮 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. assertive
2026-11-02 · Reason
Fifth Circuit Will Decide En Banc Whether § 230 Preempts Texas Mandates on Social Media Platforms
🔮 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. mixed
2026-11-02 · Reason
Prof. Francesca Gino's Contract and Discrimination Claims Against Harvard Business School Dismissed
🔮 In May 2025, Harvard revoked Plaintiff's tenure and terminated her appointment with HBS. mixed
Forward-looking sentences extracted from their articles, oldest first. Nothing here checks whether any of it turned out to be right.
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