Erwin Chemerinsky quoted in The Washington Post, May 24, 2018
“The First Amendment doesn’t apply to private institutions,” Erwin Chemerinsky, the dean of Berkeley Law and a constitutional law expert told The Washington Post. “Private employers can fire employees for their speech without having to worry about the First Amendment.”
Erwin Chemerinsky quoted in VICE news, November 12, 2018
“Congress by statute can create protection for the independent counsel,” said Chemerinsky. “There used to be such a law. That law expired and wasn’t renewed.”
Chemerinsky said the only way he can think of for Congress to protect Mueller now would be by introducing similar legislation.
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.”
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.
Erwin Chemerinsky quoted in NPR, December 6, 2018
“What will be argued over and again is when are the elements sufficiently similar” that the second prosecution violates the Constitution’s ban on double jeopardy, Chemerinsky said.
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.
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.
Erwin Chemerinsky quoted by Berkeleyside, May 3, 2018
UC Berkeley might also, as Chemerinsky and co-author Howard Gillman mention in their book, set a bar for the amount of money it is willing to spend on event security, and deny any controversial events after the threshold is reached. … “The question is: how high would this threshold be?” the authors wrote.
Erwin Chemerinsky quoted by KTVU.com, May 3, 2018
“I don’t think it’s constitutional to have indefinite detention without a hearing to determine if a person is a danger or a flight risk,” said Erwin Chemerinsky. … “The United States Government has broad power over immigration.”
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.