“Public universities cannot exclude a speaker based on their viewpoint, even a very offensive viewpoint. The law is clear,” said Erwin Chemerinsky, the dean of the School of Law at the University of California at Berkeley and an expert in First Amendment law.
And in a recent book Chemerinsky titled “Free Speech on Campus,” he and co-author Howard Gillman argued that private universities should adopt the same standard — even though they are not legally required to.
But Ben Trachtenberg, an associate professor of law at the University of Missouri, takes issue with that thinking in the following provocative piece. He writes….