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The Latest Breaking News from Erwin Chemerinsky

Trump Has Carried Out a 'Blitzkrieg on the Law and the Constitution' With Executive Orders: Legal Expert

A legal expert said President Donald Trump is carrying out a "blitzkrieg on the law and the Constitution" through his use of executive orders designed to transform the federal government.

Latin Times

Trump’s disregard for US constitution ‘a blitzkrieg on the law’, legal experts say

Scholars warn of president’s lawlessness in actions such as federal funding freeze and birthright citizenship order

The Guardian - US

Erwin Chemerinsky on the need for a new US constitution: ‘Our democracy is at grave risk’

In his new book, the eminent law professor points to a source of growing disunion – the constitution itself

The Guardian - US

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"Originalism": White supremacy in robes

Legal scholar Madiba K. Dennie on how the right twisted the Constitution — and how ordinary citizens can fight back

Salon

Free Speech Unmuted: Campus Speech, with Dean Erwin Chemerinsky (Berkeley Law)

https://www.youtube.com/watch?v=us9WM72Fh6c Berkeley Dean Erwin Chemerinsky—who is also a noted scholar of constitutional law and academic freedom—joins Jane Bambauer and me to discuss student speech controversies (including the one that was literally in Erwin's back yard), as well as faculty academic freedom in scholarship, public commentary, and teaching.

Reason

Adler v. Chemerinsky on the U.S. Supreme Court

A civil discussion on the U.S. Supreme Court and its role in American life, past and present.

Reason

Chemerinsky: "Anti-Semitism is not taken as seriously as other kinds of prejudice"

"A plainly anti-Semitic poster received just a handful of complaints from Jewish staff and students"

Reason

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Private, Shmivate: Sit-ins, Campouts, and True Threats Are Constitutionally Unprotected at Universities, Whether Private or Public

The Wall Street Journal had an editorial this morning called "Defining Free Speech Down on Campus"; I agree that disruptive protests are unprotected by the First Amendment, but I think the editorial erred in its emphasis. The editorial begins by arguing that no First Amendment rights to protest on privately…

Reason

‘Media firestorm’: Israel protest at professor’s home sparks heated free-speech debate

Controversy followed a viral video of pro-Palestinian students interrupting a dinner held by a Berkeley free-speech defender

The Guardian - US

Students Don't Have a Right to Use Public University Social Events for Their Own Political Orations,

whether at administrators' homes or in law school classrooms.

Reason

Berkeley Students Post Anti-Semitic Cartoons, Disrupt Dinner at Dean Chemerinsky's Home

"I never thought I would see such blatant antisemitism."

Reason

Senator Blumenthal Suggests Justice Sotomayor Should Think About Retiring (Without Calling Upon Her to Do So)

Public calls continue for Justice Sotomayor to step down so that President Biden can name her replacement before the election.

Reason

October 7: A Turning Point for Free Speech?

Restricting speech about the world's most pressing problems does not make them go away, nor does it settle any disputes.

Reason

From Dean Erwin Chemerinsky (Berkeley Law) and Chancellor Howard Gillman (UC Irvine) on Free Speech on Campus

Chemerinsky and Gillman are the co-authors of Free Speech on Campus, and have long defended free speech and academic freedom. (For another recent item from the two of them, see here ["Free speech doesn't mean hecklers get to shut down campus debate"].) I don't always agree with them on such…

Reason

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Reason

University Administrators Behaving Badly

A bit lost in the controversy over antisemitic speech on campus is the failure of university administrators to enforce existing rules that are content-neutral. I have already written about my own university's failure to enforce Virginia's law banning masked demonstrations. That failure continues, despite a letter from the state attorney…

Fortune

Billionaire Bill Ackman says it’s 'pathetic' that colleges rely on corporations and law firms to address anti-Semitism on campus

Two dozen law firms sent an open letter to top law schools over concerns about rising anti-Semitism on college campuses.

Reason

Chemerinsky: "Nothing has prepared me for the antisemitism I see on college campuses now"

"I call on my fellow university administrators to speak out and denounce the celebrations of Hamas and the blatant antisemitism that is being voiced."

Los Angeles Times

Robin Abcarian: How the ripple effect of the Supreme Court's 303 Creative decision could swamp civil rights

Now that the legal door has been opened to anti-LGBTQ+ bigots or racists, there's just no telling how far the Supreme Court's license to discriminate will go.

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Los Angeles Times

George Skelton: Newsom's right on stricter gun laws but he misfired on his proposed constitutional amendment

SACRAMENTO, Calif. — Gov. Gavin Newsom has a good target, but the aim is off in his effort to amend the U.S. Constitution with a gun-control mandate.

Los Angeles Times

Anita Chabria: It's not about babies. Abortion restrictions are about power

The toes, the clothes and, oh, the smell of a newborn.

Los Angeles Times

LA sues journalist, activist group to claw back photos of undercover officers

LOS ANGELES — In a move immediately denounced as legally meritless by First Amendment and media rights experts, the city of Los Angeles has sued a local journalist and an activist group over the online publication of undercover Los Angeles Police Department officers’ pictures — images the city had itself…

Los Angeles Times

Decades after California's affirmative action ban, legal debate stalls funding for Black students

SACRAMENTO, Calif. — Decades after California voters approved a ban on affirmative action, Gov. Gavin Newsom is citing the state law as a hindrance to giving schools extra funding to support Black students.

Los Angeles Times

Anita Chabria: A school threat. Another reminder we are living in the age of gun trauma

The call came at 7 a.m., before I had enough coffee in me to process it: A recorded message from the principal of my daughter's high school, informing us of a credible threat.

Los Angeles Times

Biden has bolstered 9th Circuit’s liberal flank, but has yet to match Trump’s impact

LOS ANGELES — President Joe Biden is leaving a distinct mark on the U.S. 9th Circuit Court of Appeals, adding relatively young jurists of color who have bolstered the influential court’s liberal flank.

The Independent UK

SUPREME COURT NOTEBOOK: Justices yet to decide any cases

The Supreme Court is off to a historically slow start in failing to resolve any cases in which it has heard arguments since early October

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