Erica Goldberg

I just posted my latest paper, forthcoming in the Maryland Law Review Online, called ACADEMIC FREEDOM UNDERMINED. It is about the partisan cycle that undermines academic freedom in different ways (although not in equal measure). I would love comments! papers.ssrn.com/sol3/papers....

Huda Beauty, Sephora, and the Betrayal of Inclusivity Culture Here is a quote by Huda Kattan, creator of Huda Beauty, in a video posted to her millions of followers.  TikTok says it took down the video for spreading harmful misinformation, although Huda …

If Sephora allows a millionaire beauty brand creator that parroted Nazi talking points to her millions of followers, then what does that say about inclusivity culture? My thoughts about free speech, inclusivity, and hate disguised as activism. inacrowdedtheater.com/2025/08/13/h...

This 11th Cir. opinion holding that a teacher has no 1st A right to her preferred pronouns (setting aside what others call her) seems quite legally wrong and not in the spirit of Pickering. Public employee speech is limited, but this goes way too far.

"Alligator Alcatraz" is cruel, racist, appalling, and potentially unconstitutional. We should speak out. But calling it Alligator Auschwitz is a glib (& cynical) way to minimize millions of Jewish men, women, and children gassed, shot to lie in a pile of bodies, and worked and starved to death.

Some thoughts about the constitutionality, and prudence, of using the INA to deport people here on student visas for their speech. inacrowdedtheater.com/2025/03/28/d...

The Conflict between Free Speech Rights and Federal Antidiscrimination Laws in the Gaza Protests In light of President Trump’s tweet to deny federal funding to universities who fail to stop illegal protests, this blog addresses the lawsuits surrounding universities’ treatment of Gaza protests …

In light of President Trump's tweet about denying federal funding to universities that permit illegal protests, here is a blog on the difficulties in classifying certain protests and the lawsuits related to the Gaza protests. inacrowdedtheater.com/2025/03/05/t...

More to Every Story: Legal expert talks scrutiny surrounding Coeur d'Alene town hall removal, free speech issues A Gonzaga University law professor breaks down whether the free speech rights of a woman dragged out of a Coeur d'Alene legislative town hall were violated.

Here's an interview I did for local news about the woman forcibly removed from the Coeur D'Alene town hall meeting. (As you can see from my outfit, I didn't expect to be on TV when I arrived at work.) www.krem.com/article/news...

Do Trump’s executive orders affecting the use of certain words when applying for government grants (including research grants) violate the First Amendment? President Trump’s Executive Orders ending governmental diversity, equity, and inclusion preferences and programming are a dramatic reversal of the initiatives of the Biden administration. Par…

Trump's executive orders pushing scientists to remove certain words from their grant proposals likely violate the First Amendment (and Biden's in the other direction may have as well). inacrowdedtheater.com/2025/02/13/d...

daytonjewishobserver.org/2023/10/the-... My piece on the state of academia and the state of Israel.