Eugene Volokh
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Clearview AI, the First Amendment, and Facial Recognition
An interesting commentary by Clayton Kozinski (Lehotsky Keller LLP) on the lawsuit in which the Duke First Amendment Clinic, Jane Bambauer, and I filed an amicus brief (which unfortunately didn’t persuade the judge); here’s the opening: The conversation about facial recognition technology typically centers around privacy. But an ongoing lawsuit in Illinois shows that it has just […]
Anti-Semitic/Anti-Israel Speech Outside Synagogue Constitutionally Protected
[One of the photos from plaintiffs’ Complaint.] From today’s decision (which I think is quite correct) in Gerber v. Herskovitz, an opinion by Judge Jeffrey Sutton joined by Judge David McKeague: Every Saturday morning since September 2003, [Anti-Israel] protesters have picketed the Beth Israel Synagogue [in Ann Arbor]. Their group typically comprises six to twelve […]
Federal Court Temporarily Blocks New York’s Prohibition on Religious Exemptions from Its Health Care Worker Vaccine Mandate
Judge David N. Hurd just decided this in A. v. Hochul; it’s a temporary restraining order, to maintain the pre-mandate status quo until Sept. 28, when the preliminary injunction hearing will take place. (The mandate requires a vaccination by Sept. 27 for some covered employees and Oct. 7 f Read More Article from Latest – […]
Prof. Joshua Braver Responding to Randy Barnett’s Argument About Court-Packing
In July, Randy blogged about his testimony on court-packing; his testimony relies on a study by Prof. Joshua Braver (Wisconsin). Prof. Braver sent along this response to Randy’s position, which I’m happy to blog: Court-packing is constitutional. I weigh in on this matter because Randy Barnett provocatively reaches the exact opposite conclusion relying, in part, […]
Profs. Howard M. Wasserman & Charles W. “Rocky” Rhodes Guest-Blogging About “Solving the Procedural Puzzles of Texas’ Fetal-Heartbeat Law”
I’m delighted to report that Profs. Howard M. Wasserman (FIU) and Charles W. “Rocky” Rhodes (South Texas College of Law), both of whom specialize in procedure and in what lawyers label “fed courts” (the rules related to, among other things, federal courts’ jurisdiction and power), will be guest-blogging starting today about their new article, “Solving […]
California Law Would Define “Harass” to Include Approaching Within 30 Feet to Give Leaflets to Strangers, or to Try to Speak to Them
As I wrote about in early August, the California Legislature is set to enact a law providing such a definition, in a content-based, unconstitutionally broad restriction on speech outside vaccination centers. Since my post, the Assembly passed the bill as well, joining the Senate, though with a slight revision that changes the nature of the content […]
