David A. Goldberger

Professor Emeritus of Law
David A. Goldberger
Contact Information:

(614) 292-1536 Drinko 374E


Curriculum Vitae Publications

  • B.A., University of Chicago, International Affairs, 1963
  • J.D., University of Chicago, 1967

High Resolution Photo

Areas of Expertise:
  • Constitutional Law
  • Free Speech

Professor Goldberger, who has argued two times before the U.S. Supreme Court, taught a civil clinic practicum, Constitutional Law, and a course on the First Amendment. He joined Ohio State in 1980, after serving as legal and legislative director of the Illinois Division of the American Civil Liberties Union. He is the former Isadore and Ida Topper Professor of Law.

Prior to working at the ACLU, Professor Goldberger was a staff attorney for the Legal Assistance Foundation of Chicago, specializing in law reform legislation. While in practice, he represented clients in a wide range of civil liberties cases.

In 1977, Professor Goldberger won his first case before the U.S. Supreme Court: National Socialist Party of America v. Village of Skokie. The case obligated state courts to provide expeditious review of injunctions against public assemblies.

Professor Goldberger argued the case McIntyre v. Ohio Elections Commission before the Supreme Court in 1995. The ruling invalidated Ohio statute prohibiting distribution of anonymous, non libelous, campaign literature. To listen to a recording of Professor Goldberger’s oral arguments before the Supreme Court in the case, visit the Oyez web site.

Also in 1995, Professor Goldberger was co-counsel in Capital Square Review and Advisory Board v. Pinette. And in 2005, Professor Goldberger argued before the U.S. Supreme Court the case of Cutter v. Wilkinson. He won the case, which upheld a federal statute protecting the right of prison inmates to freedom of religion.

His research and writing focused on the free speech decisions of the U.S. Supreme Court. He litigated civil liberties cases on behalf of clients unable to afford counsel.

Professor Goldberger serves on the Organization for Security and Cooperation in Europe/Office of Democratic Institutions and Human Rights Panel on Peaceful Assemblies. The organization, which is headquartered in Warsaw, Poland, has promulgated international guidelines on regulation and legislation concerning public assemblies.