Administrative/Regulatory
Feb. 17, 2005
Statute Undercuts Right to Mount First Amendment Defense
Forum Column - By Erwin Chemerinsky - A recent 9th U.S. Circuit Court of Appeals decision, United States v. Afshari , 392 F.3d 1091 (2004), is very disturbing because it allows the government to punish people for activities protected by the First Amendment and denies those individuals the chance even to argue that their conduct is constitutionally protected.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
By Erwin Chemerinsky
A recent 9th U.S. Circuit Court of Appeals decision, United States v. Afshari, 392 F.3d 1091 (2004), is very disturbing because it allows t...
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