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Berkeley Law School Dean Says Trump’s Free Speech Executive Order is Unconstitutional

Berkeley Law School Dean Says Trump’s Free Speech Executive Order is Unconstitutional

“order is so vague and ambiguous, it makes compliance by colleges and universities extremely difficult”

It’s a bit hard to take this from someone at Berkeley. Has this dean seen what’s been happening at his school in recent years?

Campus Reform reports:

Berkeley law school dean: Trump’s free speech executive order is ‘unconstitutional’

In light of President Donald Trump’s executive order on free speech, Erwin Chermerinsky, dean of Berkeley Law, and Howard Gillman, Chancellor of the University of California, Irvine, penned an op-ed in which they state that the executive order does not help protect free speech on college campuses and that it is even “unconstitutional.”

“[T]he order is so vague and ambiguous, it makes compliance by colleges and universities extremely difficult — and it is almost certainly unconstitutional,” Chermerinsky and Gillmanwrote for the Los Angeles Times.

“There is no crisis concerning free speech on campuses in the United States,” Chermerinsky and Gillman add. “Every day on virtually every campus, speeches are given without incident, including some by very controversial speakers. Walk across either of our campuses on just about any day of the week, and the cacophony of diverse speakers is readily apparent.”

The pair’s opinion of Trump’s executive order goes a step further than that of the University of California System President Janet Napolitano, who previously called the order “unnecessary,” but not “unconstitutional.” When asked to comment on the difference in language, a spokeswoman for Napolitano’s office referred Campus Reform to the UC president’s previous March 4 and March 21 statements.

“The executive order that President Trump signed today is unnecessary. Like many higher education institutions across the country, the University of California is ground zero for robust exchanges of ideas and differing viewpoints,” Napolitano, a former Obama administration official, wrote in her March 21 statement.

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Comments

healthguyfsu | April 2, 2019 at 8:24 am

It’s called mental gymnastics. Berkeley has among the most arrogant progressives that think they own the market on deciding free speech.

For something that is “almost certainly Unconstitutional” I notice that the professor did not cite any legal theory as to why.

    Milhouse in reply to Semper Why. | April 4, 2019 at 1:46 am

    Yes, he did. He claimed it was too vague. Which is BS, but vagueness is indeed grounds to void a law, let alone an order. But in truth it’s no more vague than the infamous “Dear Colleague” letter.

If I needed a lawyer, I sure as hell would not go looking to Berkeley nor for a law school dean.

“The executive order that President Trump signed today is unnecessary. Like many higher education institutions across the country, the University of California is ground zero for robust exchanges of ideas and differing viewpoints,” Napolitano, a former Obama administration official, wrote in her March 21 statement.

Oh, really? Then, why has it been so difficult for Ben Shapiro to speak freely on the campuses of California colleges and universities? Asking for a friend.

Well, that’s it then – right? I mean what else can be said once the Dean of Berkeley Law issues his legal opinion?

From the school that employs an instructor who is an armed Antifa member that shattered the face of conservative with a bicycle lock.

ahad haamoratsim | April 3, 2019 at 10:11 am

““Every day on virtually every campus, speeches are given without incident, including some by very controversial speakers.”

Except for the occasional physical assault (armed or unarmed) by social justice warriors & the like.

Mario Savio, text your office.

“Meet the new boss. Same as the old boss.”

tarheelborn | April 3, 2019 at 7:16 pm

This academic was one of the “Pillars” of the Duke Law School during the so called “Duke Lacrosse Case”. His lack of defense of even the minimum standards of judicial prudence during the corrupt prosecution says a lot about the character & relevance of this person’s opinion. A total political hack without any ethics. Having him leave North Carolina for his current tenure was a good day for all here.

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