Season 4, Episode 22 (Show 179): Big Mouth on Campus

May 29, 2024

We look at the campus protests that have swept the nation, and we start with a look at the constitutional issues, history, and cases that set the stage.

CLE Credit Available for this episode from podcast.njsba.com.

The nation has been riled by campus unrest surrounding events in the Middle East.  Terms like “freedom of speech,” “academic freedom,” “right to protest,” “conduct vs. speech,” and issues of hate speech, offensive speech, safety, and more have arisen.  We start our look at this situation where we always begin: with the Constitution.  This episode aims to lay out the history, background, constitutional provisions, interpretations, cases, and overall approach to these matters, so we can then look at what is actually happening and be in a position to offer opinions and possible prescriptions.

(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)

Show Notes:

How to get Continuing Legal Education Credit for listening!

Virtually all lawyers and judges admitted to practice anywhere in the USA can obtain CLE (Continuing Legal Education) credit after listening to this episode by visiting podcast.njsba.com.  You do not have to be a New Jersey lawyer or resident or admitted to the NJ Bar; essentially every state has reciprocity arrangements with New Jersey.  When you visit the site you fill out a form and provide the code Andy read during the episode, pay a small fee, and within two weeks you will receive the certificate from New Jersey.  It couldn’t be easier.  Thanks to the New Jersey Bar Association for making this possible!  Note, too, that other podcast episodes from our “back catalog” now qualify for this credit as well.

Click to go to the website for CLE credit

Barron v. Baltimore (1833)

John Marshall delivers the opinion of the Court in this 1833 case, declaring that the Bill of Rights does not provide rights against the States.  This will later be altered by the 14th Amendment.

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The Trustees Of Dartmouth College V. Woodward (1819)

The “Dartmouth College case,” argued by Daniel Webster, establishes that no, New Hampshire, Dartmouth is not UNH.

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