Debates over free speech have simmered, and occasionally boiled over, on university campuses for decades. But in recent months, the clash over words and phrases has reached a flashpoint, reaching beyond classrooms and quads as far as the halls of Congress. College and university presidents have faced fierce criticism — chronicled in extensive media coverage — over how they’ve handled protests over the Israel-Gaza conflict and other activities at their schools, including who can or should speak at events and how to foster a sense of community safety.

Looking ahead, what can colleges and universities do to protect the fundamental principles of free speech and academic freedom while simultaneously creating an atmosphere where everyone can learn? When can speech be considered threatening, and who decides where the line is? How can journalists cover a topic so rife with nuance and rhetorical complexity? And as this debate continues, how much influence should alumni, donors, and political leaders have on campuses, private and public?

In this episode, Berkeley Law Dean Erwin Chemerinsky leads a panel discussion about these important questions with three experts who approach the topic from different angles:

• Geeta Anand, dean of the UC Berkeley Graduate School of Journalism and a Pulitzer Prize-winning journalist who wrote for the New York Times, Wall Street Journal, Boston Globe, Rutland Herald, and Cape Cod News during her 27-year career as a journalist. She began teaching at Berkeley in 2018 and became the journalism school’s dean in 2020.
• University of California, Irvine, Chancellor Howard Gilman, an award-winning scholar and teacher with an expertise in the American Constitution and the Supreme Court, with appointments in the School of Law and the departments of Political Science, History, and Criminology, Law, and Society. He also provides administrative oversight to and serves as co-chair of the advisory board of the University of California’s National Center for Free Speech and Civic Engagement.
• Emerson Sykes, a staff attorney with the ACLU Speech, Privacy, and Technology Project. Sykes focuses on First Amendment free speech protections. From 2019-2020, he was also host of “At Liberty,” the ACLU’s weekly podcast. Before joining the ACLU in 2018, he was a legal advisor for Africa at the International Center for Not-for-Profit Law, and assistant general counsel to the New York City Council, where he contributed to the council’s friend-of-the-court brief against the NYPD’s “stop and frisk” program.

About:

“More Just” from Berkeley Law is a podcast about how law schools can and must play a role in solving society’s most difficult problems. Have a question about teaching or studying law, or a topic you’d like Dean Chemerinsky to explore? Email us at morejust@berkeley.edu and tell us what’s on your mind.

Production by Yellow Armadillo Studios.

For a transcript, please visit the episode page on the Berkeley Law podcast hub.

Hosted on Acast. See acast.com/privacy for more information.

Herma Hill Kay Memorial Lecture with Justice Sonia Sotomayor in Conversation with Berkeley Law Dean Erwin Chemerinsky. Recorded Monday, January 29, 2024, at UC Berkeley.

Have a question about the law, or a topic you’d like us to cover? Send an email to morejust@berkeley.edu to tell us your thoughts.

For a transcript, please visit the episode page on the Berkeley Law podcast hub.

Hosted on Acast. See acast.com/privacy for more information.

Leadership is a key component of other professional schools, particularly business and policy programs. But it’s less emphasized in law schools. Should it be taught in law schools, and what are the most important elements for them to learn? Another critical question is whether leadership training will make a real difference for lawyers as they move into the profession.

In this episode, Berkeley Law Dean Erwin Chemerinsky is joined by three expert leaders to talk about what’s happening and what law schools can do to make an impact in this area: 

• Christopher Edley, who spent 23 years at Harvard Law School before leading Berkeley Law as dean from 2004 to 2013. He recently finished a term as interim dean of the UC Berkeley School of Education and has a public policy portfolio, including government service, stretching over four decades. 
• Janet Napolitano, who served as president of the University of California from 2013 to 2020, as the U.S. Secretary of Homeland Security under President Barack Obama, and as governor and attorney general of Arizona. She’s now a professor of public policy at Berkeley and director of the new Center for Security in Politics.
• Donald Polden, dean emeritus and a professor at Santa Clara University School of Law, where he was dean from 2003 to 2013 and helped develop its curriculum for leadership education.

Want to know more about the leadership courses offered by Berkeley Law’s Executive Education Program, including Leadership in the Legal Profession, a groundbreaking 10-week leadership course? Click here to see a course description and find out when applications for the spring 2024 cohort will be accepted. 

Have a question about the law, or a topic you’d like us to cover? Send an email to morejust@berkeley.edu to tell us your thoughts. 

For a transcript, please visit the episode page on the Berkeley Law podcast hub.

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The U.S. Supreme Court had another momentous term. From affirmative action in college admissions to critical administrative law and First Amendment cases, the court again handed down a string of decisions that will resonate for generations. 

In this episode, veteran court analyst Joan Biskupic returns to break down the term with Berkeley Law Dean Erwin Chemerinsky. Biskupic has covered the court for decades and is now CNN Senior Supreme Court Analyst. Her most recent book, Nine Black Robes: Inside the Supreme Court's Drive to the Right and Its Historic Consequences, was published in April.

About:

“More Just” from Berkeley Law is a podcast about how law schools can and must play a role in solving society’s most difficult problems.

The rule of law — and the role of the law — has never been more important. In these difficult times, law schools can, and must, play an active role in finding solutions. But how? Each episode of More Just starts with a problem, then explores potential solutions, featuring Dean Erwin Chemerinsky as well as other deans, professors, students, and advocates, about how they’re making law schools matter.

Have a question about teaching or studying law, or a topic you’d like Dean Chemerinsky to explore? Email us at morejust@berkeley.edu and tell us what’s on your mind.

For a transcript, please visit the episode page on the Berkeley Law podcast hub.

Hosted on Acast. See acast.com/privacy for more information.

U.S. Supreme Court Justice William O. Douglas built a legacy of strong progressive and libertarian views. Nominated by President Franklin Roosevelt, he was confirmed in 1939 at age 40 and served until 1975 — the longest tenure of any associate justice. 

Law students get to know Douglas well because he turns up in many of the most famous cases of the 20th century. He wrote for the majority in blockbuster cases such as Griswold v. Connecticut, which established the right to birth control, and Brady v. Maryland, which established that the prosecution must turn evidence that might exonerate a defendant over to the defense team. He also penned withering dissents, particularly in a string of First Amendment cases, including United States v. O’Brien, Terry v. Ohio, and Brandenburg v. Ohio.

During his storied tenure, Douglas was also a fierce advocate for the environment. In this episode, Berkeley Law Dean Chemerinsky talks with Judge M. Margaret McKeown, who’s just published a fascinating book, Citizen Justice: The Environmental Legacy of William O. Douglas — Public Advocate and Conservation Champion. She explores Douglas’ activism and the ethical questions it raised that still haven’t been fully resolved. 

Judge McKeown was appointed to the U.S. Court of Appeals for the Ninth Circuit by President Bill Clinton and confirmed by the Senate in 1998. She recently took senior status. She is a member of the American Academy of Arts and Sciences, an affiliated scholar at the Center for the American West at Stanford University, and jurist-in-residence at the University of San Diego School of Law. 

More Just from Berkeley Law is a podcast about how law schools can and must play a role in solving society’s most difficult problems. 

The rule of law — and the role of the law — has never been more important. In these difficult times, law schools can, and must, play an active role in finding solutions. But how? Each episode of More Just starts with a problem, then explores potential solutions, featuring Dean Erwin Chemerinsky as well as other deans, professors, students, and advocates, about how they’re making law schools matter. 

Have a question about teaching or studying law, or a topic you’d like Dean Chemerinsky to explore? Email us at morejust@berkeley.edu and tell us what’s on your mind.

For a transcript, please visit the episode page on the Berkeley Law podcast hub.

Hosted on Acast. See acast.com/privacy for more information.