A confrontation this month between a conservative judge and left-wing students at Stanford Law School may mark a turning point in the free speech debate, said a prominent legal writer and analyst who has covered the controversy closely.
who served as a law clerk for former liberal Supreme Court Justice Stephen Breyer, had already apologized to Kyle Duncan — a federal judge on the U.S. Fifth Circuit — for the actions of Stanford students when Duncan addressed the campus branch of the Federalist Society, a conservative legal group.
“While the First Amendment bars regulation of speech on the ground that listeners might find its content disturbing … the First Amendment permits the regulation of speech that ‘substantially impairs the effective conduct of a meeting,’” Martinez wrote. “Modern First Amendment law does not treat every setting as a public forum where a speech free-for-all is allowed.
“Freedom of speech does not include a right to shout down others so they cannot be heard,” Chemerinsky and Gillman wrote.
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