Erwin Chemerinsky

‘Masterpiece Cakeshop’ is having its day before the US Supreme Court — Here’s what we know about the case

Erwin Chemerinsky quoted by Fox News, Dec. 3, 2017

Further, Chemerinsky notes that “even if this is about speech” that doesn’t mean the government can’t intercede. And in this case, “the interest in preventing discrimination outweighs” other interests. For instance, the baker would lose in court if he were “against interracial marriage and won’t bake a cake for an interracial couple.”

Chemerinsky: Is there a constitutional right for a business to not serve customers?

Erwin Chemerinsky writes for ABA Journal, Nov. 30, 2017

The court has to face the question of whether baking a cake should be regarded as expressive activity and whether a company can make such a speech claim. But if so, then almost any kind of work can be seen as being a form of expression. If baking a cake is speech, then so is cooking food or, as in other cases that have arisen, taking pictures or making floral arrangements.

We need a national revenge porn law, but this bill is flawed

Erwin Chemerinsky quoted by Gizmodo, Nov. 28, 2017

“I don’t see anything in the First Amendment that says there has to be an intent to cause harm to the victim,” Professor Erwin Chemerinsky … said at the 2017 US Department of Justice Cybercrime Symposium in regards to IPPA. “If the material is intentionally or recklessly made publicly available, I think that is sufficient, and I don’t think it should just be about intent to cause harm to the victim..”