SCOTUS Review: The Roberts Court and the First Amendment

Production Date: September 11, 2017 Practice Areas: Constitutional Law and Public Interest Law Estimated Length: 3775 minutes


$ 59 Constitutional Law and Public Interest Law In Stock

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

Stacy A.
Seattle, WA

Very nicely done, thank you.

Christopher B.
Dallas, TX

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

Bambi B.
Miami, FL

Excellent presenter!

Mark R.
Grapevine, TX

Good speaker.

Kristine C.
Dubuque, IA

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

Cynthia K.
Montclair, NJ

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.

Daniel P.
Minneapolis, MN

Good class, interesting topic.

Ronald B.

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