Eugene Volokh
57 article(s) here · 1 carrying a prediction
🔮 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.
🔮 Furthermore, the teachers suggested that similar buddy activities would be provided in the future without notice and an opportunity to opt out.
🔮 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."
🔮 It also relies on a populist sensibility that separates its supporters—"the people"—from those who would indoctrinate them.
🔮 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.
🔮 If you purposefully set out to concoct a government policy guaranteed to be unconstitutional, here is how you would do it.
🔮 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.
🔮 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."
🔮 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."
🔮 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.
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The Aporia
