FIRE is pleased to announce the publication of legal scholarship authored by former Justice Robert H. Jackson Legal Fellow Erica Goldberg.
Erica’s "Amending Christian Legal Society v. Martinez: Protecting Expressive Association as an Independent Right in a Limited Public Forum" was published in the Spring 2011 edition of the Texas Journal on Civil Liberties and Civil Rights. In the article, Erica argues that the Supreme Court’s 2010 decision in Christian Legal Society v. Martinez fails to provide sufficient protection to freedom of association on university campuses. Erica proposes that the Court should have held that the First Amendment right to freedom of expressive association protects the ability of belief-based student organizations to make decisions about membership based on belief, but not immutable status.
In "Must Universities ‘Subsidize’ Controversial Ideas?: Allocating Security Fees When Student Groups Host Divisive Speakers," published in the Summer 2011 edition of the George Mason University Civil Rights Law Journal, Erica explores the constitutional problems raised by the imposition of security fees on student groups bringing controversial speakers to campus. Erica proposes content-neutral standards to govern the allocation of security fees, ensuring that controversial speech is not unconstitutionally burdened on campus.
Erica is currently a Visiting Assistant Professor at the Dickinson School of Law at Pennsylvania State University. We wish her all the best at Penn State, and we very much miss her insight and expertise here at FIRE’s Philadelphia headquarters.