Chemerinsky, Erwin
said we would get better justices; john says reassessing, mta law comm john; 5 22
trms 4 16 25 5k ppl zoom on protect judges, son kia sALAS husb hurt
https://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?article=1578&context=wlufac
Washington and Lee University School of Law Washington & Lee University School of Law Scholarly Commons Scholarly Articles Faculty Scholarship 2018 The Corporate Personhood Two-Step Carliss N. Chatman Washington and Lee University School of Law, cchatman@wlu.edu
note: Citizens United, 588 U.S. at 385. Professor Chemerinsky disagrees with the premise that spending money is speech. He believes spending money is conduct, and references Justice Steven' s explanation that money is a property right subject to lesser protections than speech. See CHEMERINSKY, supra note 2, at 253.
Some speakers began to lose their taste for on-campus provocation. In March, Richard Spencer appeared at Michigan State University. Two dozen protesters and counterprotesters were arrested outside the venue—the Pavilion for Agriculture and Livestock Education—and Spencer ended up speaking to a near-empty hall. Afterward, he posted a video. “I really hate to say this, and I definitely hesitate to say this,” he said, “but Antifa is winning.”
The last time I checked, the only content on FreeSpeechWeek.com was a photo of Yiannopoulos and the words “milo will return to berkeley in spring 2018.” I texted Yiannopoulos, who had recently been shilling dietary supplements from the InfoWars studio, in Texas, to ask whether this was true. “Yes I am going back to Berkeley,” he responded. “Working it out with the students now.” No one at U.C. Berkeley had heard about any such plans.
Still, conservative speech at Berkeley continued in Yiannopoulos’s absence. In April, Charlie Kirk, the executive director of the national conservative student group Turning Point U.S.A. and a friend of Donald Trump, Jr., announced that he would give a talk at Berkeley. He tweeted:
My message will be quite clear:
Open borders are inhumane
We must build a militarized wall
There are only 2 genders
Berkeley should be defunded.
Speaking alongside Kirk was Turning Point’s communications director, Candace Owens, a vitriolic young conservative with a knack for creating viral moments.Before she went by her own name, Owens was a YouTuber who called herself Red Pill Black, a reference to the fact that she was an African-American who had “escaped the Democrat plantation.” Near the beginning of the talk, two hecklers stood up, and one of them shouted, “These aren’t ideas, this is Fascism.” They were ejected, and the audience cheered. “Antifa, if you really take a look at their platform . . . they seem to be the ones that are the white supremacists,” Owens said. “They feel like their ideas are so supreme to everybody else’s that they have the right to boycott, to be violent.”
Four days after the panel, Kanye West tweeted, “I love the way Candace Owens thinks,” followed by several tweets in which he expressed his “love” for Donald Trump. Despite widespread bewilderment and outrage, West refused to back down, insisting that his views were not about politics per se but about the higher principle of untrammelled expression. “Love who you want to love,” West tweeted. “That’s free thought.”
In late May, Congress held a hearing on “Challenges to the Freedom of Speech on College Campuses.” One of the witnesses was Bret Weinstein, a biologist who, until recently, taught at Evergreen State College, in Olympia, Washington. Last year, after he wrote a controversial e-mail, students protested and demanded that he be fired. Amid growing unrest on campus, a group of students posted a photo of themselves wielding baseball bats. Weinstein sued the college, alleging that it had failed to protect him from “threats of physical violence,” and left his teaching job. The college admitted no wrongdoing, but settled for half a million dollars. At the congressional hearing, Weinstein was introduced with the title Professor-in-Exile. “The First Amendment is simply not sufficient to protect the free exchange of ideas,” he said.
Near the end of the school year, I met Erwin Chemerinsky, the law-school dean, at a coffee shop in downtown Berkeley. “There is no guarantee that the marketplace of ideas will lead to truth, and that’s obviously a big problem,” he said. He is a Voltairean, not a Panglossian. Nonetheless, he continued, “My distrust of government is so great that I can’t think of a way to address that problem without making it worse.” Later, I talked to john powell. “There are any number of areas—gay rights, animal rights, housing—where legal reformers have set out to change the law,” he said. “If our speech laws looked more like Canada’s, would that be the end of democracy as we know it?”
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bailled on LA weekly deal
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The case creates a "fear of student activism," she said. "Now, students think twice" about something that she considers a valuable aspect of campus life.
It was on Feb. 8 of last year when Oren, at the invitation of several UC Irvine organizations and academic departments, came to give a speech about U.S.-Israeli relations.One student after another stood and shouted at the stage, accusing Israel of oppressing Palestinians.
"Michael Oren, propagating murder is not an expression of free speech," one student said.
"You, sir, are an accomplice to genocide," another yelled.
In the end, there were 10 interruptions and a shortened speech. The protesters were peacefully escorted out by police, and 11 were cited for disrupting a public event.
UC Irvine quickly punished the Muslim Student Union, suspending it for a year and placing it on disciplinary probation for another year.
Then, seven months ago, the Orange County district attorney's office filed criminal charges.
The students, seven of them from UC Irvine and three from UC Riverside, are each charged with a misdemeanor forconspiring to disrupt Oren's speech and a misdemeanor for disrupting his speech. Charges against an 11th defendant were dropped pending completion of community service.
The students face up to six months in jail if convicted.
A gag order imposed by Superior Court Judge Peter Wilson prevented those involved in the trial from being interviewed. But the day charges were filed,Dist. Atty. Tony Rackauckas released a statement in which he said, "We must decide if we are a country of laws or a country of anarchy."
Erwin Chemerinsky, the dean of UC Irvine's law school, has said that "freedom of speech never has been regarded as an absolute right to speak out at any time and in any manner," but he made clear in an interview last week that university sanctions were enough.
"It makes no sense here to use these resources," he said of Rackauckas' decision. "It's so minor."
Don Will, director of the peace studies program at Chapman University, agreed and said the trial only makes the Muslim community feel "victimized."
"There's a political component by the D.A.'s office," he said. "This is not some serious crime. Protests are protests."
About 100 UC Irvine faculty members, including five deans, asked Rackauckas to drop the charges. A group of faculty members from across the UC system, many of whom teach Jewish studies, did the same.
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Erwin Chemerinsky
Dean of the School of Law
Distinguished Professor of Law
Raymond Pryke Professor of First Amendment Law
Expertise:
Constitutional law, federal practice, civil rights and civil liberties, appellate litigation
Background:
Erwin Chemerinsky is the founding Dean and Distinguished Professor of Law, and Raymond Pryke Professor of First Amendment Law, at the University of California, Irvine School of Law, with a joint appointment in Political Science.
Previously, he taught at Duke Law School for four years, during which he won the Duke University Scholar-Teacher of the Year Award in 2006. Before that, he taught for 21 years at the University of Southern California School of Law. Chemerinsky has also taught at UCLA School of Law and DePaul University College of Law.
His areas of expertise are constitutional law, federal practice, civil rights and civil liberties, and appellate litigation. He is the author of eight books, including The Case Against the Supreme Court published in 2014, and more than 200 articles in top law reviews. He frequently argues cases before the nation’s highest courts, including the United States Supreme Court, and also serves as a commentator on legal issues for national and local media. He writes a weekly column for the Orange County Register, monthly columns for the ABA Journal and the Daily Journal, and frequent op-eds in newspapers across the country. In January 2014, National Jurist magazine named Dean Chemerinsky as the most influential person in legal education in the United States.
Chemerinsky holds a law degree from Harvard Law School and a bachelor’s degree from Northwestern University.
Current Courses:
Appellate Litigation Clinic, Federal Courts
Prior Courses
Federal Courts, Writing for the Law Review, Constitutional Analysis I, First Amendment Law, Externship course, Capstone: Free Speech Rights on College Campuses, Constitutional Analysis II, The First Amendment and Labor
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- Full list of Dean Chemerinsky's books
- Opinion pieces in various media
- Dean Chemerinsky's Scholarly Papers on SSRN
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