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Shortly before a New York law targeting online hate speech took effect, a prominent First Amendment scholar joined two social media platforms in challenging it in a federal lawsuit filed in Manhattan. The plaintiffs are UCLA law professor Eugene Volokh, the social media company Rumble, and another website called Locals. Passed in the wake of the white-supremacist inspired mass murder in Buffalo, the challenged law forces social media platforms to post a policy for moderating content that would “vilify, humiliate, or incite violence” against people based on race, class, gender or other protected groups. Those platforms would have to establish a reporting system for enforcement and would be subject to civil liability for violations. This week's guest — Professor Volokh, who runs the blog the Volokh Conspiracy — explains why he believes that the language of the statute is too broad to pass constitutional muster. He also hashes out Section 230 of the Communications Decency Act is such a key law for free speech on the internet and why it's recently become such a lightning rod across the political aisle. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.
One of the most powerful and important pillars of democracy in the United States is freedom of speech – the privilege granted a right in the US Constitution is a shield. It also can be a sword. Eugene Volokh is a Professor of Law at UCLA. His specialty, the First Amendment. What's a canine behaviorist and life coach talking about with a First Amendment expert? Simple. Cheap Speech. It's a phrase Professor Volokh coined back in 1995 as he predicted the massive impact the Internet would have on democratizing information and empowering free speech. He was, of course, correct. And the dark side of that process is what I wanted to talk about with him. This idea that technology's silos is removing our curiosity and interest in people and things that are different. What Professor Volokh replies to this might surprise you. It caught me a bit off guard. I have to say I don't know that I wholly agree with his view, but I can tell you that the discussion was utterly fascinating, and I cannot wait to have him back on the show again. What does leadership actually mean in today's world? Good questions, right? That's what Cathy Brooks, thought. And it's why she created Talk, Unleashed – a new podcast of entirely candid conversations with fascinating people doing remarkable things. This weekly podcast will feature guests from arts and entertainment to business to technology to food to activism to politics (well, we'll see on that last one). Talk Unleashed invites these influencers to consider the things that have led to them to where they are, the lessons they've learned and how all those things can come together to create a better world. #EugeneVolokh #UCLALaw #FirstAmendment #FreeSpeech #CheapSpeech #Curiosity #LifeCoach #leadership #TalkUnleashed #UnleashedConversation #UnleashedLeadership #FixYourEndofTheLeash
Good evening friends:Many are wondering whether Disney has a claim against Florida for retaliation under the First Amendment? On the latest episode of Summarily—a podcast for busy lawyers—First Amendment expert, Professor Eugene Volokh, explains retaliation theory. Professor Volokh teaches First Amendment at the UCLA School of Law and instructs law students in the School's First Amendment amicus brief clinic. Professor Volokh clerked for Justice Sandra Day O'Connor on the U.S. Supreme Court and for Judge Alex Kozinski on the 9th Circuit. He can read Professor Volokh's recent pieces about First Amendment retaliation here, here, and here. Please share Summarily and this e-mail with your friends and colleagues. If you have any questions about the show, contact me at summarilypod@gmail.com. And please don't forget to subscribe/follow the podcast so you don't miss timely appellate updates and legal news.Thank you for listening!Robert Scavone Jr. Follow me on LinkedIn.
Where are the new frontiers in First Amendment law? Where do scholars and the courts see the potential for expanding First Amendment protections in the future? What technological developments pose challenges to existing First Amendment protections? Our guest on today’s episode of So to Speak will help us answer those questions. Professor Eugene Volokh is the Gary T. Schwartz Distinguished Professor of Law at UCLA and the founder of the popular legal blog The Volokh Conspiracy. Before receiving his law degree and clerking for Justice Sandra Day O’Connor on the U.S. Supreme Court, he graduated from UCLA at age 15 with a degree in math-computer science and worked as a computer programmer for 12 years. Professor Volokh is widely regarded as a foremost scholar on the First Amendment and his textbook, “The First Amendment and Related Statutes,” is used in law schools across the country. On today’s show, we explore topics relating to virtual reality and augmented reality, occupational speech and the case of Mats Järlström, prediction markets, and Packingham v. North Carolina, a case currently before the U.S. Supreme Court dealing with registered sex offenders’ access to social media. Also in this show: Professor Volokh shares what First Amendment issue he is particularly interested in at the moment. www.sotospeakpodcast.com Follow us on Twitter: twitter.com/freespeechtalk Like us on Facebook: facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org Call in a question: 215-315-0100
Professor Eugene Volokh of the UCLA School of Law joined us Monday, December 12 to discuss the ABA’s new Rule 8.4 on professional misconduct. The Rule states that it is professional misconduct for a lawyer to “engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law.” The ABA goes further in Comments, stating that “Such discrimination includes harmful verbal or physical conduct that manifests bias or prejudice towards others,” and that the Rule applies in any situation, even social, that is “connected to the practice of law.” Professor Volokh discussed the First Amendment implications and reaction to the new rule. -- Featuring: Professor Eugene Volokh, Gary T. Schwartz Professor of Law, UCLA School of Law
In this special episode, Professor Eugene Volokh shares his thoughts on writing and editing—skills that are part and parcel of the lawyer’s craft. Tune in to hear Professor Volokh’s tips on how to make your written work more effective and persuasive. Professor Volokh's article, "The Freedom of Speech and Bad Purposes," is published in issue 63.5 of UCLA Law Review at http://www.uclalawreview.org/the-freedom-of-speech-and-bad-purposes/. Production and Hosting by Lucy Williams Production and Editing by Boris Mindzak Music in the episode: Something Elated by Broke For Free licensed under CC BY 3.0 US
In this episode, we interview UCLA Law professor Eugene Volokh, whose article “The Freedom of Speech and Bad Purposes” is published in issue 63.5 of the UCLA Law Review. We discuss the merits and weaknesses of First Amendment purpose tests--legal tests that strip protection if a person speaks with bad motives or intentions--and we consider whether First Amendment protections should ever be contingent on the speaker's underlying purpose. Professor Volokh's article, "The Freedom of Speech and Bad Purposes," is published in issue 63.5 of UCLA Law Review, available at http://www.uclalawreview.org/the-freedom-of-speech-and-bad-purposes/. Production and Hosting by Lucy Williams Production and Editing by Boris Mindzak Music in the episode: Something Elated by Broke For Free licensed under CC BY 3.0 US