July 20, 2016—Professor Eugene Volokh was quoted by Vanity Fair addressing a disagreement between Taylor Swift and celebrity couple Kim Kardashian West and Kayne West which may result in legal action. Earlier this week, Kim Kardashian West released a video recording of a phone conversation between Mr. West and Ms. Swift, in which he attained approval from Swift for the provocative lyrics in his song “Famous” before the song’s release. Professor Volokh thinks that Swift could have a viable case if she chooses to pursue legal action.
“A lot of it depends on whether it was a confidential communication,” Volokh says. “If West told her he was recording, then that would not be confidential. If it was a surprise, then that would be grounds to sue.”