Erwin Chemerinsky

UC Berkeley faculty members clash on free speech, controversial speakers

john a. powell and Erwin Chemerinsky quoted by The Daily Californian, Sept. 8, 2017

“I don’t think (free speech) is a defining issue in the country. I think the defining issue in the country is white supremacy,” powell said during the panel. “We are fighting a civil war, and the South is winning.”

“The only way to make sure we’re protecting our speech for tomorrow is to protect the speech we don’t like today,” Chemerinsky said during the panel.

A free-speech to-do list for college administrators

Erwin Chemerinsky co-writes for The Wall Street Journal, Sept. 4, 2017

As students return to school, administrators will again face the challenge of protecting freedom of speech while ensuring safety for their students, staff and faculty. We offer this checklist to help them prepare for the difficult issues that are sure to arise.

Erwin Chemerinsky: Trump’s terrible pardon of Sheriff Joe Arpaio

Erwin Chemerinsky interviewed by The Nation, Sept. 1, 2017

When the president issues a pardon for criminal contempt of court, he’s interfering with the ability of another branch of government, the judiciary, to perform its constitutional duties. A basic principle of constitutional law on separation of powers … is that one branch of government cannot interfere with the ability of another branch to perform its constitutional responsibilities.

‘Reckoning with that history’: UC Berkeley revists concerns over controversial building names

Charles Reichmann and Erwin Chemerinsky quoted in The Daily Californian, Aug. 28, 2017

Charles Reichmann, a lecturer at UC Berkeley School of Law, wrote an op-ed in May for the San Francisco Chronicle, arguing that Boalt Hall ought to be renamed as well. Boalt Hall was named after John Boalt, an attorney known for anti-Chinese rhetoric, according to Reichmann.

“It’s important to note that John Boalt himself had no relationship with the law school,” Chemerinsky said in his statement. “Nonetheless, the name is used widely colloquially within and outside the school, and the concerns raised are meaningful.” To address these concerns, the law school is forming a diverse committee of school stakeholders to review the use of “Boalt” as a name for the school, according to Chemerinsky.

Punish public officials who disenfranchise voters

Erwin Chemerinsky interviewed  by San Francisco Chronicle, Aug. 25, 2017

Congress or state legislatures could, for example, pass laws making it easier for state officials to be held liable for monetary damages if they have illegally denied someone their right to vote. Right now these officials likely have qualified immunity from such suits, according to Erwin Chemerinsky.

Berkeley Law Dean Erwin Chemerinsky explores free speech vs. public safety

Erwin Chemerinsky interviewed by KQED-FM, Aug. 24, 2017

“Campuses thankfully are much more diverse and inclusive than they used to be. And I think the students want to make sure that historically excluded minorities are made to feel included and welcome. Often the unpleasant speech, the offensive speech, is directed at those minorities. I think the desire to protect them especially is driving some of the goals of restricting speech.”