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Full-Text Articles in Law

Protect The Press: A First Amendment Standard For Safeguarding Aggressive Newsgathering, Erwin Chemerinsky Oct 2017

Protect The Press: A First Amendment Standard For Safeguarding Aggressive Newsgathering, Erwin Chemerinsky

Erwin Chemerinsky

Few occu.pations or professions rank lower than reporters in public esteem. In July 1999, Justice Stephen Breyer participated as a panelist at the Ninth Circuit Judicial Conference and was challenged by Associated Press reporter Linda Deutsch about the absence of cameras in the Supreme Court. Justice Breyer explained that the Court did not want to risk its relatively high level of public esteem by placing itself on television. Justice Breyer noted the lack of respect for the media and said that the Court did not want to see its esteem ratings lowered to that of the press.


Why The Rehnquist Court Is Wrong About The Establishment Clause, Erwin Chemerinsky Jun 2017

Why The Rehnquist Court Is Wrong About The Establishment Clause, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Unpleasant Speech On Campus, Even Hate Speech, Is A First Amendment Issue, Erwin Chemerinsky Jun 2017

Unpleasant Speech On Campus, Even Hate Speech, Is A First Amendment Issue, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


The Roberts Court And Freedom Of Speech, Erwin Chemerinsky Jun 2017

The Roberts Court And Freedom Of Speech, Erwin Chemerinsky

Erwin Chemerinsky

This is an edited version of a speech delivered on December 16, 2010 in Washington, D.C., as part of the Federal Communications Bar Association's Distinguished Speaker Series. This speech was given by Dean Erwin Chemerinsky in December 2010 as part of the FCBA's Distinguished Speaker Series. In the speech, Dean Chemerinsky offers his perspectives on and analysis of the Supreme Court's position on freedom of speech in recent years. He highlights important recent freedom of speech decisions made by the Roberts Court, and gives some projections as to where the court is heading in the years to come, given its …


The First Amendment: When The Government Must Make Content-Based Choices, Erwin Chemerinsky Jun 2017

The First Amendment: When The Government Must Make Content-Based Choices, Erwin Chemerinsky

Erwin Chemerinsky

Thus, I focus my attention on the problem of the First Amendment when the government must make content-based choices. I want to divide my remarks into four parts. I begin by reviewing the traditional bedrock rule of the First Amendment: The government cannot regulate speech based on its content. Second, I identify a broad range of cases where this rule cannot apply because the government must make content-based choices. Third, I suggest that the usual First Amendment principles are not helpful in analyzing these cases. Finally, I offer some initial thoughts about directions for dealing with this problem.


Qualified Immunity: 1983 Litigation In The Public Employment Context, Erwin Chemerinsky Jun 2017

Qualified Immunity: 1983 Litigation In The Public Employment Context, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton Jun 2017

First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton

Erwin Chemerinsky

No abstract provided.


Civil Rights, Erwin Chemerinsky Jun 2017

Civil Rights, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky Jun 2017

Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky Jun 2017

An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Aggressive Newsgathering And The First Amendment, Erwin Chemerinsky, Robert Nagel, Robert O'Neil, Diane Zimmerman Jun 2017

Aggressive Newsgathering And The First Amendment, Erwin Chemerinsky, Robert Nagel, Robert O'Neil, Diane Zimmerman

Erwin Chemerinsky

The University of Richmond School of Law sponsored the "Aggressive Newsgathering and the First Amendment." The symposium covered such topics as surreptitious newsgathering techniques, the constitutionality of recent proposed legislation regarding paparazzi, and the question of the appropriate dividing line, if any, between public and private life. The symposium featured a mix of scholars, journalist, lawyers, judges, and public figures, who discussed these issues in three sessions. Scholarly papers generated by the symposium were published in 33 U. Rich. L. Rev. 1143 (1999). The authors of those papers also participated in the symposium proceedings and they were: Professor Erin Chemerinsky, …


A Fixture On A Changing Court: Justice Stevens And The Establishment Clause, Erwin Chemerinsky Jun 2017

A Fixture On A Changing Court: Justice Stevens And The Establishment Clause, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.