The Aporia · Open Thread

Eugene Volokh

177 article(s) here · 0 carrying a prediction

🔮 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

🔮 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.

2026-10-29 · assertive framing · Even "Trumpy Judges" and "Woke Judges" Might Know More Law Than You Do

🔮 The hope would be to siphon votes away from Sullivan.

2026-10-29 · mixed framing · The Law and Democrats Allegedly Recruiting Second "Dan Sullivan" to Run in Alaska Senate Race

🔮 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….

2026-10-27 · assertive framing · Alibaba and the Forty Lobbyists, and the First Amendment

🔮 Still others predicted that someone would eventually remove the context and circulate the resulting footage as though Mr. Piker had been speaking sincerely.

2026-10-27 · assertive framing · Hasan Piker Sues Scott Jennings

Also by Eugene Volokh

Trump vs. WSJ Libel Lawsuit over Trump's Alleged Birthday Wishes to Epstein Thrown out

2026-10-31 · Reason

American Cities, Population >50K, Named After Foreign (Excluding British) Political Figures

2026-10-31 · Reason

Open Thread

2026-10-31 · Reason

Court Blocks W. Va. AG's Subpoena to Environmentalist Nonprofits

2026-10-30 · Reason

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

All 177 articles by Eugene Volokh →