Erwin Chemerinsky

Berkeley scientists developing artificial intelligence tool to combat ‘hate speech’ on social media

Erwin Chemerinsky quoted in [your]NEWS, December 17, 2018

But no matter how well intentioned, any attempt to control speech raises Constitutional issues. And the First Amendment is clear on the matter, says Erwin Chemerinsky, the dean of Berkeley Law.

“First, the First Amendment applies only to the government, not to private entities,” Chemerinsky stated in an email to California. “Second, there is no legal definition of hate speech. Hate speech is protected by the First Amendment.”

Opinion: Where is the progressive interpretation of the US constitution?

Erwin Chemerinsky writes an Op-Ed for The Guardian, November 22, 2018

Over the course of American history, there have been great gains in individual freedom and enormous advances in equality for racial minorities, women, and LGBT people. But much remains to be done. Unfortunately, we are now at a profoundly challenging moment for these values. We have a president who is not committed to them, and for the foreseeable future we face the prospect of a hostile supreme court.

Sorry, Mr. President, but with lawyers like Rudy Giuliani, who needs enemies?

Erwin Chemerinsky writes for The Sacramento Bee, May 7, 2018

Rarely does a lawyer implicate a client as being guilty of federal crimes on national television, but that is exactly what Rudy Giuliani has done to Donald Trump. Giuliani’s recent revelation on Fox News that Trump reimbursed Michael Cohen the $130,000 that had been paid to Stormy Daniels has potentially enormous legal consequences.

Chemerinsky: What Sessions v. Dimaya means for immigration law

Erwin Chemerinsky writes for ABA Journal, May 3, 2018

At the very least, Sessions v. Dimaya is quite important in the immigration context. The court reaffirms that laws concerning deportation and removal are to be subjected to the same vagueness analysis as criminal statutes. The court’s striking down the residual clause in the Immigration and Nationality Act will matter for many facing deportation.

Should SCOTUS arguments be livestreamed?

Erwin Chemerinsky quoted by ABA Journal, May 2, 2018

In an essay for the Sacramento Bee, Erwin Chemerinsky, dean at the University of California at Berkeley School of Law, points out that the San Francisco-based 9th U.S. Circuit Court of Appeals provides a livestream of all of its oral arguments. “No adverse effects have been seen,” Chemerinsky wrote.