Golden State Today

In the latest episode of Berkeley Talks, renowned legal scholars Erwin Chemerinsky and Nadine Strossen discuss the challenges universities face regarding free speech. Chemerinsky, dean of Berkeley Law, and Strossen, professor emerita at New York School of Law and former ACLU national president, delve into topics such as hate speech, First Amendment rights, the Heckler’s Veto, institutional neutrality, and measures universities can take to avoid free speech controversies.

The conversation took place on September 11 in celebration of the 60th anniversary of the Free Speech Movement at UC Berkeley. During this event in 1964, thousands of students successfully protested for their right to free political speech. Instead of having a moderator for this discussion, Chemerinsky and Strossen posed questions to each other from a pre-determined list.

Chemerinsky asked Strossen what steps she might take to reduce the harmful effects of polarized political speech on campus. Strossen responded: “I think that punishment is not an effective way to change somebody’s attitudes,” adding that treating individuals like criminals or ostracizing them is unlikely to open their hearts and minds. She emphasized that such strategies are ineffective for dealing with discrimination and inconsistent with First Amendment principles.

Strossen highlighted various actions universities can take: “But there are a lot of things that universities can and should do — and I know from reading about your campus, that you are doing … It’s gotten justified nationwide attention.” She stressed the importance of education in both free speech principles and other civic principles like the history of discrimination and anti-Semitism.

Additionally, Strossen stated that universities should support community members targeted by hateful speech by raising their voices against it and providing psychological counseling along with other forms of material support.

The event was sponsored by HxA Berkeley and Voices for Liberty from George Mason's Antonin Scalia Law School. Co-sponsors included Berkeley Law’s Public Law and Policy program, the Berkeley Liberty Initiative, and the Jack Citrin Center for Public Opinion Research.

A video recording of the conversation is available online.

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