Constitutional Law,
9th U.S. Circuit Court of Appeals
Jan. 15, 2026
9th Circuit expands 1st Amendment protection for professors' syllabus speech--and gets it wrong
A divided 9th Circuit wrongly extended First Amendment protection to a University of Washington professor's offensive, non-pedagogical syllabus statement in Reges v. Cauce, misapplying academic freedom doctrine and undervaluing the university's interest in preventing a hostile learning environment.
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).
What is the First Amendment protection for professors in making choices for their classes? The issue constantly arises and rarely are there easy answers. A decision of the United States Court of Appeals for the 9th Circuit, on Dec. 19, 2025, in Reges v. Cauce, addresses this, but I think came...
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