Calling Bullshit on Chemerinsky (or “Fisking a Law School Dean”)

Erwin Chemerinsky is a constitutional law professor and the Dean of the University of California Irvine School of Law. And you know, I have been exposed to his teachings twice. First, I purchased a bunch of tapes on the first year curriculum to give me a running start and then if memory serves he was in the Barbri course to help me prepare for the bar exam. Up until now, I considered him liberal, but basically fair.

But his op-ed on Citizens United is crap.

Of course you can read my argument on the subject, here. Or just scroll down, you lazy bastard!

So let’s start reading together, shall we?

The Supreme Court's 5-4 decision holding that corporations and unions can spend unlimited amounts of money in election campaigns...

Okay stop right there. This is dishonest. The FEC told Citizens United that it could not purchase advertising. So to frame this as being about spending, without noticing that the spending purchases speech is dishonest.

I mean imagine if we passed a law stating that the New York Times was forbidden from buying paper or ink. Would that be a restriction on commerce? Or would that be a restriction on the freedom of the press?

This isn’t a restriction merely on expenditures. This is a restriction on expression. Remember that.