The 1st Amendment on Campus with Berkeley Law Dean Erwin Chemerinsky | Free Speech Unmuted
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- Опубликовано: 6 май 2024
- Link to new version: • The 1st Amendment on C...
Berkeley Dean Erwin Chemerinsky joins Jane Bambauer and Eugene Volokh to discuss students’ and professors’ free speech and academic freedom rights. Erwin Chemerinsky - a noted scholar, author on academic freedom, and law school dean - comes on the podcast to discuss campus free speech and academic freedom. We begin with student speech controversies (including the one that was literally in Erwin’s back yard), and then we move on to faculty academic freedom, in scholarship, public commentary, and teaching.
ABOUT THE SPEAKERS
Erwin Chemerinsky is the dean of the UC Berkeley School of Law; before that, he was the founding Dean of UC Irvine School of Law, and a professor at Duke, USC, and DePaul; he has been in law teaching for 44 years. He is the author of nineteen books, including leading casebooks and treatises about constitutional law, criminal procedure, and federal jurisdiction. His most recent major books are Worse than Nothing: The Dangerous Fallacy of Originalism (2022) and Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights (2021). He is the author of more than 200 law review articles. He is also a frequent newspaper columnist and appellate advocate. In 2024, National Jurist magazine again named him as the most influential person in legal education in the United States; in 2022, he was the president of the Association of American Law Schools.
Eugene Volokh is a senior fellow at the Hoover Institution. For thirty years, he had been a professor at the University of California - Los Angeles School of Law, where he has taught First Amendment law, copyright law, criminal law, tort law, and firearms regulation policy. Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed., 2023) and Academic Legal Writing (5th ed., 2016), as well as more than one hundred law review articles. He is the founder and coauthor of The Volokh Conspiracy, a leading legal blog. Before coming to UCLA, Volokh clerked for Justice Sandra Day O’Connor on the US Supreme Court.
Jane Bambauer is the Brechner Eminent Scholar at the University of Florida's Levin College of Law and the College of Journalism and Communications. She teaches Torts, First Amendment, Media Law, Criminal Procedure, and Privacy Law. Bambauer’s research assesses the social costs and benefits of Big Data, AI, and predictive algorithms. Her work analyzes how the regulation of these new information technologies will affect free speech, privacy, law enforcement, health and safety, competitive markets, and government accountability. Bambauer’s research has been featured in over 20 scholarly publications, including the Stanford Law Review, the Michigan Law Review, the California Law Review, and the Journal of Empirical Legal Studies.
ABOUT THE SERIES
Hoover Institution Senior Fellow Eugene Volokh is the co-founder of The Volokh Conspiracy and one of the country’s foremost experts on the 1st Amendment and the legal issues surrounding free speech. Jane Bambauer is a distinguished professor of law and journalism at the University of Florida. On Free Speech Unmuted, Volokh and Bambauer unpack and analyze the current issues and controversies concerning the First Amendment, censorship, the press, social media, and the proverbial town square. They explain in plain English the often confusing legalese around these issues and explain how the courts and government agencies interpret the Constitution and new laws being written, passed, and decided will affect Americans' everyday lives.
For more information, visit www.hoover.org/publications/f...
The opinions expressed are those of the authors and do not necessarily reflect the opinions of the Hoover Institution or Stanford University.
© 2024 by the Board of Trustees of Leland Stanford Junior University.
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My attention span is practically unlimited when it comes to topics like this and brilliant legal analysis such as was heard here. Thank you for having Dean Erwin Chemerinsky on the show. His intelligent and fair opinions on free speech topics were impressive, especially regarding the situation that occurred in his own backyard. The level of disrespect that young woman showed to Mr. Chemerinsky would have angered me to the point of violence, yet he stood his ground firmly and used only words. Much respect, sir.
This was a very informative conversation. I graduated in 2020. I noticed things were changing in 2016 by adding controversial programs. From that point every year seem to change a little more. There were students and faculty that just seemed out of place, pushing political and religious view points, but if you disagreed you were quickly shut down and told you shouldn't speak in favor of the opposite political view point. In graphic design classes we were told you could not create anything religious or political. In another class we were told to be very careful on expressing your political views and that would affect your career.
By 2019 many faculty members had left, while those who stayed were very careful with their speech. It was as though they were warned about speaking on the strange things that were taking place. In the fall of 2020 there was a political demonstration at the university that started to become a little rough. It was all so strange what was happening. I had planned on furthering my education, but with the politics, the "One World" we focused on, the addition of DEI classes, I had it. I wanted to learn, not be indoctrinated. So I'm left a little disappointed with it all.
Dean Chemerinsky you are amazing. I originally anticipated, after seeing the viral video from your dinner for students, that you were too liberal, too open, and you almost got what you deserved. These days we have such a huge problem with push from political extremist ideology. But listening to you had the effect of reminding me of the scholarship excellence ideals I have had most of my life. Thank you for standing your ground for academic excellence, and a reminder that there are, in fact, enough tools to protect our intellectual ideals without losing our general freedoms.
"Freedom of speech ends when the code of law begins" - Jonathan Turley
38:46 So much for "unmuted"
The crime of “trespassing” is covered under California Penal Code Section 602, which prohibits someone from entering or remaining on another person’s property without permission.
He asked her to leave..she refused..she should be charged under 602.
Students invading a private home is trespassing! Justice must be served.
Iant it funny how they conflate free speech with violent antisemitism and intentional misinformation. Educated people should know better. Indoctrinated people only repeat what their told argimentum ad naseum
Edication in Berkley just privilege and this privilege must be removed from this student.
Did the Supreme Court make a mistake when it comingled academic freedom with the 1st Amendment?
California Criminal Jury Instructions (CALCRIM 2023)
CA 3475. Right to Eject Trespasser From Real Property
They will come to your house and take over, and if you ressist they will sue you. What's the solution? Deport, deport, deport.
Turn over the Institution to the INMATES - Or Else ? 🤔
I think that those that have started they didn't want to hire students from Columbia University are not so much trying to punish them but just not wanting to bring these problems into their organization.
These students have shown that they make foolish decisions and are trouble makers.
Abhorrent behaviour by the student. Travesty of the first amendment.
Anti-Zionism is not Antisemitism.
It's 'Hakenkreuz' and not 'Swastika'. The latter is an auspicious symbol for the Hindus.
I am not sure I understand what Dean Erwin meant by "the student (who claim to be adults) has nothing to do with their mistakes." These students are classified as adults/independent once they reach 18. In America, unlike other countries (including where I am from) parents in the US, whether or not they are paying tuition/bills for these kids, legally have no right to what they are paying for. So, at what point do these kids take responsibility as adults pursuing law? If you guys continue to overlook the bad behaviors and conveniently give them a pass, they will continue to manipulate the system. The confusion is so palpable when it comes to inappropriate behavior in first world countries. The main point here is that Professor Erwin would NEVER receive my vote!
Nonsense. Just a couple of lawyers parsing every word. Will you condemn the students who were antisemitic, violent, destructive, etc. Young students? They are going to be lawyers in a year or two. Aren’t they adults with ethical responsibilities? Poor kids! No accountability no responsibility. Your job is to teach not protect. Or are you a daycare.
Disappointed by the Dean for his claims,? shame on him as a teacher
All'y'all part of the problem, not the solution. OMG!