U.S. Supreme Court,
Constitutional Law
Apr. 17, 2009
Undermining Free Speech
A recent Supreme Court ruling creates a legal loophole whereby governments could engage in viewpoint discrimination.
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).
FORUM COLUMN
By Erwin Chemerinsky No principle of free speech law is more basic than that the government cannot regulate speech based on its content unless there is a compelling reason to do so. Nothing would be more anathema to the First Amendment than for the government to allow some viewpoints to be expressed in a public park while prohibiting opposing positions from being communicated. Yet, a recent Supreme Court decision opens the door for the ...For only $95 a month (the price of 2 article purchases)
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