Erwin Chemerinsky

Why laws against prostitution are unconstitutional

Erwin Chemerinsky writes for The Sacramento Bee, Oct. 26, 2017

The 9th Circuit and Supreme Court have the chance to establish a basic principle of constitutional law: the liberty protected by the Constitution protects a right of consenting adults to engage in private sexual activity, including when they are paying for it or getting paid.

Does disruption violate free speech?

Erwin Chemerinsky co-writes for The Chronicle of Higher Education, Oct. 17, 2017

Accommodation is much less appropriate when some members of the campus are attempting to prevent others from exercising their rights. In such cases, heckler’s veto principles argue in favor of strong campus rebuffs of the claims of the disrupters. Otherwise, vulnerable or controversial opinions will never be expressible on a campus. And that would represent an abandonment of foundational principles of modern American higher education. Simply put, the right to speak does not include a right to use speech to keep others from speaking.

Trump’s gutting of Obamacare is as illegal as it is cruel

Erwin Chemerinsky writes for The Sacramento Bee, Oct. 17, 2017

President Donald Trump’s elimination of subsidies to help lower income Americans afford health care is illegal and just plain mean. The result is that millions of people may lose their health care coverage, but with no savings in cost to the federal government. This is simply an attempt by the president to accomplish by executive fiat what he could not do through Congress: the gutting of Obamacare.

Media reporting on campus protests plays into culture war narrative

Erwin Chemerinsky quoted by Columbia Journalism Review, Oct. 17, 2017

“We saw the same thing [as the Robinson phenomenon] at Berkeley,” writes Erwin Chemerinsky, dean of Berkeley’s law school and coauthor of Free Speech on Campus, in an email. “Last year, [conservative commentator] Ben Shapiro spoke with no attention at all. This year, it took $600,000 of protection. I think the Trump election has caused everything to be more polarized.”