Constitutional Law,
U.S. Supreme Court
Nov. 14, 2023
What is an infringement of speech?
Two cases pending before the Supreme Court are not examples of government infringing on free speech, and to rule otherwise could chill government officials from speaking out when there is offensive, false or harmful speech.
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).
The Supreme Court has two cases before it this term that pose the important question of whether government officials violate the First Amendment by engaging in their own speech. The Court has rarely addressed this, but in the world of social media it has become increasingly significant.
Murtha v. Missouri involves a suit against the Biden administration claiming that it violated the First Amendment by pressuring...
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