SCOTUS Review: The Roberts Court and the First Amendment

(516 Ratings)

Produced on: September 11, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 62 minutes
Difficulty Intermediate

The 2016 -17 Term of the U.S. Supreme Court was not packed with blockbusters, but it included three First Amendment decisions of particular interest. In Expressions Hair Design v. Schneiderman, the Court sought to clarify the line between speech and conduct in the context of the regulation of credit card surcharges; in Matal v. Tam the court struck down the Lanham Act’s “disparagement clause”; and in Packingham v. North Carolina, the Court set aside a state law that limited sex offenders access to websites on which children had accounts. In each of these 8-Justice decisions, the Court adopted a more speech-protective position and did so without dissent. On the other hand, in each decision, there were significant divisions among the justices as to rationale. This program, taught by Michael Herz of the Cardozo School of Law, will unpack the reasoning, premise, and implications of the three decisions.

Learning Objectives:

  1. Understand the reasoning and holdings of Expressions Hair Design v. Schneiderman, Matal v. Tam, and Packingham v. North Carolina
  2. Gain insight into the Roberts Court’s overall approach to First Amendment protections
  3. Consider what larger trends these three decisions illustrate and implications they may have for future litigation



Faculty

Michael Herz

Cardozo School of Law

Michael Herz is the Arthur Kaplan Professor of Law at the Cardozo School of Law, where he teaches and writes in the areas of Administrative Law, Constitutional Law, and Environmental Law. He joined the Cardozo faculty after working as a staff attorney at the Environmental Defense Fund. He spent two years as a law clerk to Associate Justice Byron R. White of the U.S. Supreme Court and also clerked for Chief Judge Levin H. Campbell of the U.S. Court of Appeals for the First Circuit. He is a graduate of Swarthmore College and the University of Chicago Law School.

Professor Herz was Cardozo’s Vice Dean from 2006 to 2009 and served as Senior Associate Dean from 1996 to 2000. For many years, he directed Cardozo’s Floersheimer Center for Constitutional Democracy and he is currently co-director of the Israeli Supreme Court Project. Professor Herz is a former Chair of the ABA’s Section of Administrative Law and Regulatory Practice and serves as a public member of the Administrative Conference of the United States.

Reviews

SS
Steve S.

Very good course, well presented

ET
Emma T.

Enjoyed this thoughtful course.

SK
Steven K.

Fabulous professor. Made we want to take Con Law again with him teaching!

CM
Cullen M.

Deep analysis of cases in conversational tone.

GK
Geoffrey K.

Prof. Herz did a great job. I would certainly look in the future for other courses that he is teaching.

JS
Julie S.

Great presentation

MW
Michael W.

Great course

RL
Ross L.

Great speaker

CJ
Charlotte J.

Great course.

LW
Lisa W.

Excellent and interesting.

PP
Patrick P.

great professor, great review of the law and material

JH
Jean H.

Great presenter!!

HG
Henry G.

Excellent course.

SA
Stacy A.

Very nicely done, thank you.

CB
Christopher B.

Professor Herz's analysis reminded me of how important the personalities on the court are. Thank you.

BB
Bambi B.

Excellent presenter!

MR
Mark R.

Good speaker.

KC
Kristine C.

Highly engaging and knowledgeable speaker. Advanced course. Enjoyed it!! Highly recommend

CK
Cynthia K.

This was an excellent presentation. Professor Herz is a charismatic teacher and explained everything fully. What I liked is hearing him analyze the approach of the Justices and also giving his own opinion. More courses from Professor Herz please!! He is easy to follow and understand.

DP
Daniel P.

Good class, interesting topic.

RB
Ronald B.

Best presentation that I have heard to date. This is what I really want from a CLE.

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