Criminal Law. Eighth Amendment. Fifth Amendment. Experts discuss the Court’s interpretation of status and conduct in the context of ordinances that punish sleeping in public in City of Grants Pass v. Johnson, and the absolute bar to retrial of acquittals, even when there are inconsistent verdicts, in McElrath v. Georgia.
Erwin Chemerinsky, Michael McConnell, Elizabeth C. Wiggins
September 19, 2024
First Amendment. Social Media. Experts analyze the Court’s varied opinions on whether social media platform content moderation is speech protected by the First Amendment in Moody v. NetChoice, LLC, and when posts to personal social media accounts by government officials become government speech in Lindke v. Freed.
Erwin Chemerinsky, Michael McConnell, Elizabeth C. Wiggins
September 19, 2024
First Amendment. Government Speech. Experts analyze whether government speech infringed on others' speech rights, in Murthy v. Missouri, and the government’s unconstitutional use of retaliation to suppress disfavored speech in National Rifle Association v. Vullo.
First Amendment. Public Accommodations. Experts discuss the Supreme Court’s emerging artistic expression exception to public accommodations laws, and the opinion’s potential impact on anti-discrimination laws in general.
Free Speech and Free Association. Watch experts discuss the Court’s first look at public school regulation of off campus student speech, and the burden donor disclosure requirements have on Free Association rights.
Edwin Chemerinsky, James A. Chance, Michael McConnell
October 14, 2021
Free Exercise of Religion. Watch experts discuss the Court’s shift toward a more robust Free Exercise Clause in the context of contracting and COVID restrictions, and the red flag raised by government discretionary decision making.
Erwin Chemerinsky, Michael McConnell, Elizabeth C. Wiggins
December 21, 2020
Free Exercise of Religion. Experts discuss the Supreme Court’s shift away from a strong Establishment Clause toward a more robust Free Exercise Clause when considering the constitutionality of giving public aid to religious organizations.
Erwin Chemerinsky, James A. Chance, Melissa Murray
October 20, 2020
Reproductive Freedom. Experts discuss the constitutionality of admitting privileges requirements for abortion providers, and whether exceptions to ACA-required contraceptive coverage can be administratively expanded to include moral objection.
Erwin Chemerinsky, Laurie Levenson, Elizabeth C. Wiggins
October 7, 2020
Sex Discrimination under Title VII. Watch discussion about how the expanded definition of sex to include sexual orientation and identity will impact future litigation.