The Roberts Court and Freedom of Speech

This is an edited version of a speech delivered on December 16, 2010 in Washington, D.C., as part of the Federal Communications Bar Association's Distinguished Speaker Series. This speech was given by Dean Erwin Chemerinsky in December 2010 as part of the FCBA's Distinguished Speaker Series. In the speech, Dean Chemerinsky offers his perspectives on and analysis of the Supreme Court's position on freedom of speech in recent years. He highlights important recent freedom of speech decisions made by the Roberts Court, and gives some projections as to where the court is heading in the years to come, given its current makeup.

Dean Chemerinsky observes the frequency with which Justice Kennedy-the Justice whose vote determines the majority in numerous decisions-sides with the conservatively minded Justices. Given that frequency, Dean Chemerinsky expects the Court to continue to take a relatively conservative stance on freedom of speech in the near future.