Eugene Volokh

So there's a provision of the human trafficking statute, um, Alan Dershowitz is talking about it.

Most recently, uh, Eugene Volokh has written an amicus brief about it, and of course, you're working on it, which is why we're sitting here together right now.

And basically, it, it's targets people who are volunteering in religious communities, but then perhaps, yeah, have regrets sometime down the line.

And so what...

I came involved later.

Now Professor, uh, Dershowitz is involved.

Professor, uh, Eugene Volokh is involved.

Um, and what they're saying, and I agree with them, is that that prosecution violates the First Amendment because the government's theory was not physical harm, not any kind of physical abuse, but that this spiritual and central practice was so persuasive that it overcame the will of the individuals who testified at trial.

In 2018, a SUNY Purchase student was charged with aggravated harassment after he put up posters around a campus building featuring Adolf Hitler, a swastika, and a quote from Mel Brooks' movie The Producers.

Hoover Institution fellow Eugene Volokh called the prosecution unconstitutional, noting that the government can't target that for special criminal punishment, and says racist signs can't be criminal.

Under R.A.V. v.

City of St. Paul, 1992, he noted, "A ban on racist fighting words is unconstitutional, even if a ban on fighting words generally is constitutional.

One is, does the institutional press have somehow more right than every man on the street to publish their th- thoughts and sentiments? This is a debate, we've talked about it before.

I think we talked about Citizens United, but it's an important topic, and Eugene Volokh, uh, has, uh, the article about this.

We won't rehash that.

You can visit, uh, you can listen to our old episodes.

For example, when issues arose about legal ethics of members of the Supreme Court and various travel invitations they had accepted and other things, we brought in Kathleen Clark to offer the perspective of an expert legal ethicist.

Just last week, we had Eugene Volokh on to talk about some First Amendment issues as well.

So we certainly have engaged in this practice on multiple occasions.

And since you mentioned Eugene Volokh, Eugene, we congratulate you.

Since appearing on America's Constitution, you received a huge First Amendment award.

I believe it came with $50,000.

I also hope that this episode might be an introduction to the Compelled podcast.

Well, moving on, the Russell Kirk Center announced this week that Eugene Volokh will receive this year's Richard D. McClellan Prize for Advancing Free Speech and Expression.

Volokh is an influential legal scholar and a fellow at the Hoover Institution at Stanford University.

By the way, the prize carries with it a cash award of $50,000 for Advancing Free Speech and Expression.

It can rest only on the judge's personal policy preferences.

Do we trust judges that much?" [laughs] "And finally, do we trust judges to determine when other provisions, the Establishment Clause, the privilege against self-incrimination, the jury trial, the freedom of speech, become obsolete too?" This was, uh, written by Eugene Volokh.

It's titled Rule of Law, The Wall Street Journal, Monday, April twelfth, nineteen hundred and, uh, ninety-nine.

[on-hold music]

Can the president kick reporters out of the White House? When President Trump moved to bar CNN MS Now and Politico from the White House over allegedly biased coverage, it set off a fast-moving legal showdown.

Today, senior fellow Eugene Volokh and Free Speech Unmuted co-host Jane Bambauer break down why the law is surprisingly clear-cut on this issue.

Drawing on a 50-year-old D.C. circuit precedent and a fresh ruling on Oval Office access, the hosts explain the crucial distinction between the press briefing room, a form where reporters can't be excluded based on viewpoint, and the Oval Office, the president's own turf where he can talk to whomever he wants.

Ending the roadless rule can help fight forest fires and improve wildlife access.

Featured research initiative, Program on Free Expression.

The Program on Free Expression, led by Senior Fellow Eugene Volokh, advances rigorous nonpartisan research, public education, and practical training on First Amendment issues and free speech policy.

The program examines how law, technology, and institutions shape public discourse and seeks evidence-based solutions that protect speech while addressing modern challenges like social media moderation, doxing, and foreign speech restrictions.

That's your Hoover Daily Report for Friday, September 18th, 2026.

It's operated by a private company, but the land and the stadium are public and taxpayers invested a large sum into the stadium, like $30 million.

So I asked Eugene Volokh if the fact that the venue is owned by the city makes this a First Amendment issue, and he said, not necessarily.

Basically, it comes down to who controls the venue, which in this case is a private company.

I asked FIRE as well, same answer.