The Latest Breaking News from Eugene Volokh

"Large Libel Models" Lawsuits, the Aggregate Costs of Liability, and Possibilities for Changing Existing Law

Last week and this, I've been serializing my Large Libel Models? Liability for AI Output draft. For some earlier posts on this (including § 230, disclaimers, publication, and more), see here; one particular significant point is at Communications Can Be Defamatory Even If Readers Realize There's a Considerable Risk of…

Reason · Apr 3, 2023

All Porn Is 'Violence Against Women,' U.K. Parliamentary Committee Says

Plus: The SAFE TECH Act, Reason talks to young conservatives at CPAC, and more...

Reason · Mar 3, 2023

The SAFE TECH Act Is Anything but Safe

The latest bid to amend Section 230 would threaten free speech and creators' ability to monetize content while also subjecting tech companies to a flood of frivolous lawsuits.

Reason · Mar 3, 2023

Supreme Court Debates Whether Web Designers Can Be Forced To Make Gay Wedding Pages

A million hypotheticals bloom in arguments over when and where the government may compel speech.

Reason · Dec 5, 2022

Volokh v. N.Y. A.G.: "New York Can't Target Protected Online Speech by Calling It 'Hateful Conduct'"

From the Foundation for Individual Rights and Expression: Today, the Foundation for Individual Rights and Expression sued New York Attorney General Letitia James, challenging a new state law that forces websites and apps to address online speech that someone, somewhere finds humiliating or vilifying. The law is titled "Social media…

Reason · Dec 1, 2022

Ninth Circuit Reverses "Provisional" Sealing of Appellate Brief in Interesting Free Speech Case

Appellate briefs need to be treated as public documents, and (I argued) shouldn't be "provisionally" sealed for months or years without findings that such sealing (or, more often, redaction) is genuinely necessary.

Reason · Oct 21, 2022

PayPal Says It Won't Fine Users $2,500 for Misinformation, but It Will Fine Them for 'Intolerance'

"Sounds like a good reason to think twice about using PayPal," writes Eugene Volokh.

Reason · Oct 10, 2022

The University of Idaho Tries To Force Faculty To Remain 'Neutral' on Abortion

The policy, released this week, places unconstitutional prohibitions on faculty speech.

Reason · Sep 29, 2022

Are Bumble Bees Fish? Are Fish Animals?

My eponymous co-blogger Eugene Volokh has called attention to a case that involves the question whether a bumble bee is a "fish" for purposes of a California statute. This kind of problem of surprising statutory scope comes up often (mischief rule to the rescue!). This particular case brought to mind…

Reason · Sep 25, 2022

Draft Motion to Get Access to an Interesting (but Sealed) Appellant's Brief in a First Amendment Case

Should an appellate court provisionally seal a brief until the case is heard on the merits? Or should it try to make a redacted version promptly available?

Reason · Sep 14, 2022