Faculty in the News
David A. Goldberger Media Hits
The following is a list of selected media coverage for David A. Goldberger. The links below will direct you to sites that are not affiliated with the Moritz College of Law. They are subject to change, and some may expire or require registration as time passes.
Professor David Goldberger was featured in Chicago magazine in a Q&A about Nazi ideology in America, the First Amendment and his experience working for the American Civil Liberties Union. Goldberger argued on behalf of Frank Collin, head of the National Socialist Party of America (NSPA). Collin and the NSPA, an outgrowth of the American Nazi Party, fought for the right to protest in Chicago.
“The Chicago Park district began to block [Collin’s] access [to public spaces]. He came to the ACLU, and we sued the Chicago Park District successfully to have that restriction invalidated. He then asked us to represent him in dealing with getting a permit to hold a parade,” Goldberger said. “Our position at the ACLU was he has a First Amendment right, so we basically represented him in getting the permit. [After he was arrested for marching,] we represented him in criminal proceedings. He was acquitted because it was pretty clear to the judge—who had the guts to do it, I must say—that it was classic First Amendment activity.”
Professor David Goldberger was quoted in a Dayton Daily News article about the case of a former Springboro police officer:
David Goldberger, a law professor at the Ohio State University, said the court could decide to consider the "case in order to settle questions over conflicts between state and federal courts, including whether the state court rulings should have stood under provisions of the Antiterrorism and Effective Death Penalty Act."
David Goldberger was quoted in a Dayton Daily News article on the case of former Springboro Police Lt. Jim Barton:
David Goldberger, a retired law school professor at The Ohio State University, pointed to the Anti-terrorism and Effective Death Penalty Act, which limits federal court review of state court decisions in murder cases.
“There’s a better than even chance that they are going to overturn the lower court decision, based on their previous performance in this area,” Goldberger said.
Professor David Goldberger was quoted in a Dayton Daily News article about the Supreme Court possibly taking up the appeal of Springboro Police Lt. Jim Barton, who was convicted of hiring those responsible for raping and murdering his wife in a botched burglary. The Sixth Circuit Court of Appeals had previously ordered that Barton be released or retried because of evidence was withheld and the testimony of a key witness was questionable. The Ohio Attorney General is appealing to the U.S. Supreme Court.
Experts surveyed about the prospects of the high court intervening in the case were divided.
“There’s a better than even chance that they are going to overturn the lower-court decision, based on their previous performance in this area,” David Goldberger, a law professor emeritus at The Ohio State University, said Friday.
The Ohio Attorney General’s appeal claims the federal appeals court was wrong to call for Barton’s release or retrial because state appeals courts had already reviewed the conviction in 2004 by a jury in Warren County Common Pleas Court.
In past appeals on this issue, Goldberger said the high court has deferred to the state courts in accordance with the Antiterrorism and Effective Death Penalty Act, passed by Congress in 1996 in response to concerns about death penalty cases being overturned in federal courts.
“The conservative majority loves the statute and applies it very liberally,” Goldberger said. “I would be delighted to be wrong.”
Professor David Goldberger weighed in on a 10TV article about a looming controversy over a Holocaust Memorial to be displayed at the Ohio Statehouse.
"It's opening up a Pandora's Box, no question about it," Goldberger said. "I envision disputes which are very divisive in the community over who has the right and who is being discriminated against."
Professor David Goldberger was featured on NBC4 about the proposed Holocaust Memorial planned to be built on the Ohio Statehouse lawn. Controversy has been brewing around the subject, as some oppose the memorial because of what they consider an overly religious symbol, the Star of David, being featured prominently on the design. Goldberg said allowing the memorial to feature the Star of David could open up a "Pandora's Box for the state of Ohio."
"It opens the door for other groups to say, 'We would like our symbol there.' Of course this memorial will be part of a broader display, so it is essentially secular," Goldberger said.
He said the state motto on the sidewalk in front of the Statehouse "In God All Things Are Possible" went through the courts and was ruled secular. Goldberger said the Holocaust Memorial could be ruled the same.
Professor David Goldberger was quoted by The Columbus Dispatch in an article about controversy surrounding a Facebook post by State Board of Education President Debe Terhar. Terhar’s post related President Barack Obama’s call for gun control to Adolf Hitler’s policies.
“The First Amendment protects her right to hold her personal beliefs. But a public official who harbors those kinds of views is really right on the margin of whether she should be in public office,” Goldberger said.
Professor David Goldberger is quoted in an article in The Lantern about social media usage and guidelines between college roommates. “It seems to me what the university is trying to do is trying to handle it by persuasion and by articulating standards rather than initiating disciplinary proceedings,” Goldberger said. “I think that’s probably the sounder way to go. The courts have often found the rules that prohibit the kind of activity (social media use) to be unconstitutional because they’re too vague, or they’re too broad, and they’re very troublesome when they are enforced.”
Professor David Goldberger was a featured guest on All Sides with Ann Fisher on WOSU during a segment focusing on the First Amendment right for free speech balanced against the need for responsible speech. The president of Pakistan called for the U.N. to support a worldwide blasphemy ban in the wake of violent outbursts in the Middle East over the “Innocence of Muslims” video.
“It’s pretty easy to find anything blasphemous because it’s based upon the subjective reaction of individuals. So the (U.S. Supreme) Court has been very clear that you can’t prohibit it in the states,” Goldberger said.
When the discussion turned to the argument of speech that evokes incitement, he posited: “Are we going to completely ... revamp our legal system because of the fanatical reactions and opportunistic political reactions of people in another country? Is the United States going to have to say, ‘Our legal standards are going to have to track what’s going on on the other side of the world?’ I certainly hope not.”
Professor David A. Goldberger was quoted in an article by the The Plain Dealer regarding PolitiFact Ohio’s take on Obamacare advertising.
Goldberger said he expects the Supreme Court to make a decision on the law by the end of June. "The impact of the decision is going to be deafening," Goldberger said. "Once the court rules, the winning side is going to use it as an argument that the law is inherently good or bad. There's going to be an avalanche. We've only scratched the surface."
Professor Emeritus David A. Goldberger was quoted by The Lantern, the student paper at The Ohio State University, in a story about the school's new football coach possibly banning players from Twitter and other social media sites. The story circulated on Fox Sports Ohio, as well.
While it remained unclear whether the players were told a ban was in place, Goldberger was adamant that a complete ban of a social media platform would be unlawful.
"I have my doubt about this, but there may be topics that the coach can put out of bounds, but to say that you can't use a social media is far too broad," Goldberger said. "It's like saying you can't talk."
Professor David Goldberger was quoted by The Columbus Dispatch in an article about sobriety checkpoints around Ohio through Labor Day Weekend. “People hate them, as they should,” said Goldberger, a consitutional law scholar. “It’s a police intrusion; people are involuntarily stopped."
Professor David Goldberger was quoted by The Cincinnati Enquirer in an article about the impact of Ohio's Legislature missing a deadline to create laws regulating casinos in the Buckeye State. "Courts don't like to tell legislatures what to do because -- what are you going to do? Put them in jail?" said Goldberger, a professor of constitutional law.
Professor David Goldberg was quoted in a Columbus Dispatch story about a new kind of cyberbullying that denigrates the dead. The story states: “‘You’re putting the government in the position of deciding if this is nice enough speech,’ said Goldberger, a professor emeritus at Ohio State University’s Moritz College of Law. ‘It’s a free-speech issue. If you put a page up, it’s an open invitation for people to say what they want to say. The solution is for people to take down the comments rather than the government regulating content.’”
Professor David Goldberger was recently quoted in an NBC4 story about the unreasonable degree of force being used on inmates at Franklin County Jail. The story states: “‘It's being used to tell the inmate to do what the officer is telling them to do and when they resist, even in passive resistance they are getting (shot with the Taser),’ Goldberger said.
Professor David Goldberger was recently quoted in a WBNS-10TV story about the Westboro Baptist Church protesting on Ohio State’s campus. The story states: “Retired Ohio State law professor David Goldberger said the question before the court is where free speech conflicts with a right to privacy. ‘If they had held their protest in a public park, and not in relation to a funeral, and did not direct it at the family in particular, then this case would not be in the U.S. Supreme Court,’ Goldberger said. ‘We ought to be careful, if Phelps loses, about celebrating, because of its potential to be a basis to restrict speech later on down the road.’”
Professor David Goldberger was recently quoted in a Tribune Star story about the First Amendment and the sanctity of the Constitution. The story states: “Goldberger, now a professor at Ohio State University, was the lead national attorney. He bore the brunt of impassioned backlash from his fellow Jews and ACLU members who felt the First Amendment line had to be drawn at uniform-wearing, swatiska-bearing, neo Nazis in Skokie. Goldberger’s client was a disturbed, self-promoting man named Frank Collin, who milked each legal obstacle and ruling for every ounce of publicity.”
Professor David Goldberger was recently quoted in a Flathead Beacon story about the First Amendment and freedom of speech. The story states: “‘That is the greatness of freedom of speech,’ says Goldberger, the law professor and former lawyer to a Nazi who wanted to march through Skokie. ‘It is the power of reason to persuade.’”
Professor David Goldberg was quoted in an AOL story about the recent news of a Florida pastor who has plans to mark the ninth anniversary of the Sept. 11 attacks by setting fire to copies of the Muslim holy book, the Quran. Goldberg was quoted regarding possible grounds for the government stepping in to stop the pastor: “But David Goldberger, a law professor at Ohio State University, says the potential for violence might be grounds to block the event -- although he concedes it's not likely a court would accept that argument.”
Professor David Goldberger was quoted in a Cincinnati Enquirer story about Ohio legislators deciding rules for operating the state’s new casinos. The story said: “‘Courts don't like to tell legislatures what to do because - what are you going to do? Put them in jail?’ said David Goldberger, a professor of constitutional law at Ohio State University.”
Professor David Goldberger was quoted in a Columbus Dispatch story about a lawsuit filed that hopes to stop a National Day of Prayer. The story states: “David Goldberger, another Ohio State law professor, doubts that Crabb's decision will be upheld. The atheist group will have a difficult time proving it is harmed by the National Day of Prayer, he said.”
Professor David Goldberger was quoted in a Columbus Dispatch story about a decision in Shelby, Ohio, to begin its city council meetings with a prayer. The story states: "The ruling lets legislators and council members decide whether they want to pray before meetings, said David A. Goldberger, a professor emeritus and constitutional scholar at Ohio State University's law school. 'That decision is good law,' Goldberger said."
Professor David Goldberger was mentioned in an editorial published in The Free Lance-Star in Fredericksburg, Va., regarding the issue of hate-crimes provision. The story states: "Adding 'hate' as a motivation for a crime can also elevate many mundane criminal cases into a zone where the penalties are so stiff that innocent defendants are afraid not to plea-bargain, writes Ohio State law professor David Goldberger."
Professor David Goldberger was quoted in a Columbus Dispatch story about a Canal Winchester law that requires some canvassers to purchase annual licenses and undergo background checks. The story states: “Still, how the village applies the law could be in error, said David Goldberger, who teaches First Amendment law at Ohio State University. ‘The village has put its foot in the hornets' nest. When it comes to regulating political actions, the standards are much higher and the court has been very skeptical,’ Goldberger said, referring to the U.S. Supreme Court."
Professor David Goldberger was quoted in a Skokie Review story about the 30-year anniversary of the Nazi demonstration in Skokie, Ill. The story states: “David Goldberger, who was legal director for the Illinois division of the ACLU, said the Nazi demonstration was clear-cut case of constitutionally guaranteed free speech. … ‘How do you explain something like this,’ Goldberger said. ‘I didn't see there was any option.’”
Professor David Goldberger was quoted in an AP column about an Ohio election lawsuit withdrawn by the Republican Party that filed it. The story states: “‘They're very nervous about looking like they're setting up a decision that could steal the election,’ said David Goldberger, an Ohio State law professor.”
Professor David Goldberger was quoted in a Abilene, Texas, Reporter News story about limitations on the First Amendment. The story states: “Free speech, protected by the First Amendment, is communication that flows into the marketplace of ideas that allows us to decide what we think is right, what we think is wrong, what truth is and how to best govern the country, said David Goldberger, a professor of law at Ohio State University who specializes in such issues. ‘At its very core, free speech protects that communication which is necessary for members of the electorate to be informed participants in democracy,’ he said.”
Professor David Goldberger was quoted in an Akron Beacon Journal story about lawsuit filed against two Ohio cities that claims their restrictions on political signs are unconstitutional. The story states: “There's no way Harrison's ordinance can survive, said David Goldberger, an Ohio State University law professor and expert in constitutional issues. A 1994 U.S. Supreme Court ruling said the Missouri city of Ladue couldn't restrict noncommercial speech on yard signs any more than commercial speech, he said. ‘This is really what the First Amendment is all about,’ he said.”
Professor David Goldberger was quoted in an Associated Press story that was published in newspapers throughout Ohio. The story involved Ohio legislation that proposed allowing the inspector general to examine several agencies he currently is not permitted to. The story states: “David Goldberger, an Ohio State University law professor and expert in constitutional issues, said the proposal could create a serious conflict among Ohio's branches of government, which are designed to remain separate and monitor each other's actions. ‘It's very difficult to set boundaries on a special prosecutor or an independent prosecutor when he really isn't under control of the executive branch, which is the proper branch to deal with criminal matters,’ he said. He said Special Prosecutor Ken Starr, who prosecuted former President Bill Clinton, ‘dragged the country through a horrendous impeachment process.’”
Professor David A. Goldberger was quoted in a Columbus NBC Channel 4 story about the effectiveness of lawsuits filed against cyber bullies. "The American legal system says that if the law is designed to deal with a problem, the law should be applied to that problem and should not be taken and distorted to deal with another problem," Goldberger said.
Professor David Goldberger was quoted in a Columbus Dispatch story about criminal charges being dropped against an Abercrombie & Fitch manager in Virginia. The manager refused to take down promotional posters that police and some customers deemed inappropriate. "What would they have done with David by Michelangelo?" Goldberger asked. "It seems the standard they're using is equally as applicable there."
Professor David Goldberger was quoted in the Cleveland Plain Dealer regarding a story about two 4H members who pained “drug free” on two steers they were entering into the county fair. The message was in reference to last year’s county steer champion, which later was disqualified after it tested positive for steroids. The story states: “Professor David Goldberger of Ohio State University's Moritz College of Law said the Ferguson sisters hold a constitutional right to express their opinion. He doubted the fair board's reprimand could survive a legal challenge: ‘The First Amendment doesn't protect against hurt feelings,’ he said.”
Professor David Goldberger was quoted in a Cincinnati Enquirer story regarding a lawsuit filed against the city of Mariemont because of its political sign regulations. The story states: “David Goldberger, Ohio State University professor of law and a First Amendment and constitutional law expert, said he believes Mariemont ‘has an uphill fight’ on its hands. He said Mariemont’s restrictions on political signs seem especially questionable in a presidential election year. ‘Primaries are going on across the country,’ Goldberger said. ‘The presidential campaign is on. I don’t see how they can limit political signs to 30 days and call that a reasonable regulation.’
Professor David Goldberger was quoted in an Associated Press story that was printed in several Ohio papers regarding Gov. Ted Strickland's decision to allow nativity displays in state parks. The story states: “David Goldberger, a constitutional law professor at Ohio State University's Moritz College of Law, said the high court has repeatedly ruled against government-sanctioned religious displays _ but it depends whether they are stand-alone or part of a larger holiday scene.”
Professor David Goldberger was quoted in a Chillicothe Gazette editorial about the Ohio law that restricts access to individual weapons licenses. The editorial states: “‘I think a litigator is going to have a wonderful time challenging this,’" said David Goldberger, a professor at The Ohio State University and First Amendment specialist.
Professor David Goldberger was quoted in a Toledo Blade story regarding Ohio Attorney General Marc Dann supporting a law that prohibits journalists from writing down, or in any way recording, the names of gun owners kept by county sheriffs. "I think a litigator is going to have a wonderful time challenging this," said David Goldberger, professor at the Ohio State University Moritz College of Law and a specialist in the First Amendment. “They're trying to prevent publication by preventing a reporter from recording or summarizing on a piece of paper. They say it can be published, but you can't separate that from the fact that, once [a reporter has] information that's been lawfully gathered with his or her eyes, it can't be written down in readable form. They're trying to have it both ways."
Professor David Goldberger was quoted in The Columbus Dispatch regarding a change to an Ohio Law regarding gun permit records. As of Sept. 29, reporters will be able to view the records, but not copy or take notes from them. David A. Goldberger, an Ohio State University law professor and First Amendment expert, called the law preposterous and a clear free-speech violation. "What you're doing is essentially interfering with the ability of the press to report information that they've been given access to," he said. "It's an effort at censorship under the guise of limiting access."
Professor David Goldberger was quoted in The Washington Post regarding a Maryland church that is suing Calvert County, Md. The story states: “David Goldberger, a professor of law at Ohio State University and a lawyer in one of the Supreme Court cases concerning the Religious Land Use act, said it might be difficult for the church to prove that presenting a site plan to the Planning Commission is an undue burden. And he said a higher court probably would need a final decision from an administrative body, such as the Planning Commission, before it would weigh in. ‘They’re going to have an uphill battle,’ he said. ‘You can’t just simply ignore the requirement that you apply for the permit simply because you think they're going to turn you down.’”
In this story from the Columbus Dispatch on Columbus' (and Ohio's) ban on indoor smoking and how it will affect performers, Professor David A. Goldberger thinks officials will let performers smoke away. "For the most part, public officials are pretty sensible about these things, the law notwithstanding," said Goldberger. Smoking during a performance is not what the law was designed to prevent, he said. The law is aimed at protecting the public's health, not censoring performers. "Except in the most backward jurisdictions, accommodations are generally made for these kinds of things," he said.
Professor David Goldberger is quoted in this Associated Press story from the Akron Beacon Journal about a case before the Ohio Supreme Court in which a man is arguing that his speeding ticket is invalid because the police officer who made the traffic stop left a box unchecked. "It seems picky, but he appears to be raising an interesting constitutional issue," said Goldberger. "If you are charged with an offense, the state has the duty to give you notice of everything that establishes the offense."
In this article from the Columbus Dispatch on a proposed Ohio amendment that would require the State Board of Education to determine the elements and ensuing cost of a quality education, Professor David Goldberger is quoted. "If lawmakers ignore the board, the Ohio Supreme Court will have the obligation to do something," said Goldberger. "The court is going to have to make sure lawmakers don't cut (the board's assessment) too much."
In this USA Today Opinion column, Professor David Goldberger's work as the former legal and legislative director of the ACLU of Illinois and his current dealings with the ACLU are mentioned.
In a Columbus Dispatch story about the debate surrounding Ohio's science curriculum standards, Professor David A. Goldberger said that the existing standards are a green light to teach intelligent design.
Two Moritz Law professors were quoted in an Associated Press story about a Cincinnati attorney suing to overturn the health benefits of Miami University employees' same-sex partners. Professor David Goldberger said that there will more of these kinds of challenges. Professor Marc Spindelman said that the meaning of Issue 1, which banned civil unions in Ohio, that was promised is not the meaning of Issue 1 that proponents are urging the courts to enforce.
In this USA Today story, Professor David A. Goldberger is quoted about the dispute over access to documents becoming an increasingly common feature of the Senate confirmation process for top U.S. officials.
Fight over executive privilege not a first; Constitution does not expressly spell it out, but leaders rely on itJuly 25, 2005
Professor David A. Goldberger was quoted in this Columbus Dispatch story about the continuing conflict between State Sen. Marc Dann and Gov. Bob Taft over several documents which Dann believes should be made public under the law. "If the case goes forward, Dann's attorneys would have a tough time convincing the Supreme Court that Taft must turn over the uncensored documents," said Goldberger.
The New York Times [Read Article] story examines the Supreme Court ruling on May 31 on a case involving some Ohio inmates, who were represented by the clinical legal program at the Moritz College of Law. Stories below about the same case quote professor David A. Goldberger and clinical professor Elizabeth Cooke:
- Inmates' religious rights upheld (The Columbus Dispatch)
- Justices rule state prisons must accommodate witches (Chicago Sun Times)
- Justices uphold law on religious freedom for prisoners (The Plain Dealer)
- Justices uphold law on religion in prison (The Philadelphia Inquirer)
- Supreme Court upholds prisoners' religious-rights law (The Seattle Times)
- High Court Sides With Inmates on Religion (San Francisco Chronicle)
- Prisons must give wide religious access (Cincinnati Enquirer)
- US Supreme Court backs witch's rights (The Age - Australia)
- High court sides with inmates on religion (Seattle Post-Intelligencer)
- Supreme Court Sides With Witch, Satanist, Racial Separatist (WEWS Channel 5 - Cleveland)
Justices cool to Ohio claims in inmate case; State says religion-in-prison law is a violation of First AmendmentMarch 22, 2005
In a Toledo Blade report about the March 21 arguments before the U.S. Supreme Court in Cutter v. Wilkinson, Professor David Goldberger said that it is important to assure that religious groups of all sorts are accommodated.
High court to weigh prisoners' religious rights; 2000 law also prohibits communities from zoning out houses of worshipMarch 21, 2005
In a Newark, N.J., Star-Ledger story about the U.S. Supreme Court schedule to hear arguments in Cutter v. Wilkinson, Professor David Goldberger said that the case has the potential to be a block buster.
In an Associated Press story about the Cutter v. Wilkinson argument before the U.S. Supreme Court (printed in the Akron Beacon Journal), Professor David Goldberger was said that prisons tend to accommodate mainstream religions but not the ones practiced by those involved in the case: a Wiccan witch, a Satanist, a racial separatist who is an ordained minister of the Christian Identity Church, and others.
Unusual jailhouse religion getting courthouse scrutiny - Justices hear arguments on safety of paraphernaliaMarch 21, 2005
In a Cleveland Plain Dealer story about the U.S. Supreme Court hearing arguments in Cutter v. Wilkinson, Professor David Goldberger said that this is an attack on a statute that applies to Jews, Muslims and other mainstream religions.
Before high court: law that allows for religious rights; the justices will consider to what extent certain prisoners can practice religion.March 21, 2005
In a Christian Science Monitor story about the U.S. Supreme Court arguments in Cutter v. Wilkinson, Professor David Goldberger said that a 2000 federal law - the Religious Land Use and Institutionalized Persons Act, is aimed at helping religious individuals overcome government-imposed burdens so they may be left alone to practice their faith better.
In a report on National Public Radio's Morning Edition about the U.S. Supreme Court hearing a case that challenges a five year-old law that requires prisons to accommodate inmates' religious practices, Professor David Goldberger was interviewed.
In the Columbus Dispatch, Professor David A. Goldberger is quoted in an article about constitutional issues associated with a Nativity scene that is displayed outside of Reynoldsburg\'s City Hall.
An Associated Press story in the Seattle Post-Intelligencer noted that the Supreme Court agreed Tuesday to consider the constitutionality of a federal law that requires state prisons to accommodate inmate religions, from Christianity to Satanism. The inmates' lawyer, Ohio State University law professor David Goldberger, said prisoners are stripped of many of their rights, but access to religious services should not be one of them.
A story in the Columbus Dispatch noted upcoming cases to be heard by the U.S. Supreme Court, including a case from Ohio centering on the constitutionality of a federal law mandating that state prisons accommodate prisoners’ religions. State Solicitor Douglas R. Cole, who is on leave from the Moritz Law faculty, says the state's main problem with the federal law is that it prevents prison wardens from making common-sense safety decisions on what inmates can be allowed to do. David Goldberger, a Moritz professor and the inmates' lead counsel, said he hopes the Supreme Court will issue a ruling clarifying that Congress or a state legislature can pass a law that "accommodates legitimate religious exercise."