Term Talk

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.

Participants. Erwin Chemerinsky, Dean and Jesse H. Choper Distinguished Professor of Law, University of California, Berkeley School of Law; Michael McConnell, former Judge for the United States Court of Appeals for the 10th Circuit, and Richard and Frances Mallery Professor of Law, Stanford Law School; and Beth Wiggins, Director of Research at the Federal Judicial Center.

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.

Participants. Erwin Chemerinsky, Dean and Jesse H. Choper Distinguished Professor of Law, University of California, Berkeley School of Law; Michael McConnell, former Judge for the United States Court of Appeals for the 10th Circuit, and Richard and Frances Mallery Professor of Law, Stanford Law School; and Beth Wiggins, Director of Research at the Federal Judicial Center.

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 becomes government speech in Lindke v. Freed.

Participants. Erwin Chemerinsky, Dean and Jesse H. Choper Distinguished Professor of Law, University of California, Berkeley School of Law; Michael McConnell, former Judge for the United States Court of Appeals for the 10th Circuit, and Richard and Frances Mallery Professor of Law, Stanford Law School; and Beth Wiggins, Director of Research at the Federal Judicial Center.

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 becomes government speech in Lindke v. Freed.

Participants. Erwin Chemerinsky, Dean and Jesse H. Choper Distinguished Professor of Law, University of California, Berkeley School of Law; Michael McConnell, former Judge for the United States Court of Appeals for the 10th Circuit, and Richard and Frances Mallery Professor of Law, Stanford Law School; and Beth Wiggins, Director of Research at the Federal Judicial Center.

Administrative Law. Chevron deference. In this extended edition of Term Talk, experts review the Supreme Court's administrative law decisions over the past few terms and analyze their impact on the regulatory state, to include the rejection of Chevron deference in Loper Bright v. Raimondo; the prohibition against imposing administrative penalties for fraud without a jury trial in SEC v. Jarkesy; and extending the statute of limitations under the Administrative Procedure Act in Corner Post v. FRB.

Participants. Erwin Chemerinsky, Dean and Jesse H. Choper Distinguished Professor of Law, University of California, Berkeley School of Law; Michael McConnell, former Judge for the United States Court of Appeals for the 10th Circuit, and Richard and Frances Mallery Professor of Law, Stanford Law School; and Beth Wiggins, Director of Research at the Federal Judicial Center.

Administrative Law. Chevron deference. In this extended edition of Term Talk, experts review the Supreme Court's administrative law decisions over the past few terms and analyze their impact on the regulatory state, to include the rejection of Chevron deference in Loper Bright v. Raimondo; the prohibition against imposing administrative penalties for fraud without a jury trial in SEC v. Jarkesy; and extending the statute of limitations under the Administrative Procedure Act in Corner Post v. FRB.

Participants. Erwin Chemerinsky, Dean and Jesse H. Choper Distinguished Professor of Law, University of California, Berkeley School of Law; Michael McConnell, former Judge for the United States Court of Appeals for the 10th Circuit, and Richard and Frances Mallery Professor of Law, Stanford Law School; and Beth Wiggins, Director of Research at the Federal Judicial Center.

Preemption. NLRA. Experts discuss the aggravated imminent and foreseeable harm needed to remove unions from protection under the National Labor Relations Act and to allow actions in state courts to proceed.

Preemption. NLRA. Experts discuss the aggravated imminent and foreseeable harm needed to remove unions from protection under the National Labor Relations Act and to allow actions in state courts to proceed.

Dormant Commerce Clause. Experts discuss the reaffirmation of the Pike balancing test and express different interpretations of the Supreme Court’s treatment of extra-territoriality principles.

Dormant Commerce Clause. Experts discuss the reaffirmation of the Pike balancing test and express different interpretations of the Supreme Court’s treatment of extra-territoriality principles.