Friday, December 16, 2011

JuridicsUSA: Knowingly False Statements: 'Thou shalt not bear false witness...'

Knowingly False Statements, criminalizing or imposing civil liabilities in USA states and federal laws,  a review series by Eugene Volokh, conservative purveyor of the blog Volokh Conspiracy.  VC is the hub of a vareigated collection of lawyers and especiallly of legal-studies scholars.  The review's point of departure is the recent Alvarez Amicus Brief filed by Dr Volokh and colleague Dr James Weinstein.

Eugene Volokh
BornFebruary 29, 1968 (age 43)
KievUkrainian SSR
CitizenshipUnited States
Alma materUniversity of California, Los Angeles
UCLA School of Law

Eugene Volokh (RussianЕвгений Владимирович Волох Yevgeniy Vladimirovich Volokh,[1]UkrainianЄвге́н Володимирович Волох Yevhen Volodymyrovych Volokh; born February 29, 1968) is an American legal commentator and the Gary T. Schwartz Professor of Law at theUCLA School of Law (located on the campus of the University of California, Los Angeles). He publishes the widely read weblog "The Volokh Conspiracy" and is frequently cited in the American mediaVolokh was born in Kiev, Ukraine, then part of the Soviet Union. He emigrated with his family to the United States at age seven. At age 12, he began working as a computer programmer. Three years later, he received a Bachelor of Science degree in Math and Computer Science from UCLA. As a junior at UCLA, he earned $480 a week as a programmer for 20th Century Fox. During this period, his achievements were featured in an episode of OMNI: The New Frontier, a television series hosted by Peter Ustinov.  — pix and text, Wikipedia 
Intro to the Alvarez case before the Supreme Court USA, contextualizing it before analyzing and commenting upon it. Amicus Brief in United States v. Alvarez, the Supreme Court’s Stolen Valor Act Case, by Eugene Volokh. "Prof. James Weinstein (Sandra Day O'Conner School of Law, Arizona State University] and I [School of Law, University of California, Los Angles] filed an amicus brief last week in United States v. Alvarez, the Supreme Court’s Stolen Valor Act case. If you’re interested in the First Amendment [of the USA Constitution] and knowingly false statements of fact, you might want to have a look at the brief, whether in PDF form or in the posts below, which contain nearly all the substantive text (minus a few footnotes). Here’s the Summary of Argument:...

The Volokh Conspiracy

Knowingly False Statements 
of Fact [blog-entry series]

1.  Alvarez Brief, Part I: State and Federal Laws Criminalize or Impose Civil Liability for Many Categories of Knowingly False Statements

2.  Alvarez Brief, Part II: How First Amendment Doctrine Could Deal With Such Restrictions on Knowing Falsehoods

3.  Alvarez Brief, Part II.A: Holding that Most Restrictions on Knowing Falsehoods are Unconstitutional

4.  Alvarez Brief, Part II.B: Recognizing Many First Amendment Exceptions for Various Kinds of Knowing Falsehoods

5.  Alvarez Brief, Part II.C: Recognizing Several Broad Exceptions Covering Various Kinds of Knowing Falsehoods

6.  Alvarez, Part II.D: Upholding Various Restrictions on Knowing Falsehoods Under Strict Scrutiny

7.  Alvarez Part II.E: Recognizing a General First Amendment Exception for Knowing Falsehoods

8.  Alvarez, Part II.F: Providing for Intermediate Scrutiny of Restrictions on Knowing Falsehoods

Law School faculty profile online:

James Weinstein
Amelia Lewis Professor of Constitutional Law
Faculty Fellow, Center for Law, Science & Innovation
Associate Fellow, Centre for Public Law, University of Cambridge

James Weinstein's areas of academic interest are Constitutional Law, especially
Free Speech, as well as Jurisprudence and Legal History. He is co-editor of Extreme Speech and Democracy (Oxford University Press 2009, paperback edition 2010); the author of Hate Speech, Pornography and the Radical Attack on Free Speech Doctrine (Westview Press 1999); and has written numerous articles in law review symposia on a variety of free speech topics, including: free speech theory, obscenity doctrine, institutional review boards, commercial speech, database protection, campaign finance reform, the relationship between free speech and constitutional rights, hate crimes, and campus speech codes. Professor Weinstein has litigated several significant free speech cases, primarily on behalf of Arizona Civil Liberties Union. Earlier in his career, he wrote several influential articles on the history of personal jurisdiction and its implication for modern doctrine.
Professor Weinstein also has been a principal speaker at numerous national and international conferences on free speech issues.
During law school, he was a member of the University of Pennsylvania Law Review  Board of Officers. After graduating, he served as a law clerk to James R. Browning, Chief Judge of the 9th U.S. Circuit Court of Appeals, and then practiced civil litigation in Los Angeles for several years before joining the faculty in 1986. 

Selected Works

Hate Speech, Pornography, and the Radical Attack on Free Speech Doctrine (Westview Press 1999).

Participatory Democracy as the Central Value of American Free Speech Doctrine97 Va. L. Rev. 491 (2011).

Institutional Review Boards and the Constitution101 NW. U. L. Rev. 493 (2007).


Assistant: Sonja Quinones

Curriculum Vitae


B.A., University of Pennsylvania (1975)

J.D., University of Pennsylvania (1978)

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