In this episode, Stephanie Barclay of the Georgetown University Law Center and Erwin Chemerinsky of the UC Berkeley School of Law join to recap the oral arguments from Chiles v. Salazar and discuss whether Colorado’s ban on conversion therapy violates the First Amendment. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.
Follow We the People, Live at the National Constitution Center, and Pursuit: The Founders’ Guide to Happiness on Apple Podcasts, Spotify, or your favorite podcast app.
Today’s episode was produced by Bill Pollock and Griffin Richie. It was engineered by Bill Pollock. Research was provided by Griffin Richie, Anna Salvatore, Trey Sullivan, and Tristan Worsham.
Participants
Stephanie Barclay is a Professor of Law at Georgetown Law School and the Faculty Co-Director of the Georgetown Center for the Constitution. Her research focuses on the role our different democratic institutions play in protecting minority rights, particularly at the intersection of free speech and religious exercise.
Erwin Chemerinsky is the Dean of UC Berkeley School of Law and the Jesse H. Chopper Distinguished Professor of Law. A leading First Amendment scholar, he is the author of 19 books, including preeminent casebooks and treatises about constitutional law, criminal procedure, and federal jurisdiction.
Jeffrey Rosen is the president and CEO of the National Constitution Center, a nonpartisan nonprofit organization devoted to educating the public about the U.S. Constitution. He is also professor of law at the George Washington University Law School and a contributing editor of The Atlantic. His newest book, Pursuit of Liberty: How Hamilton vs. Jefferson Ignited the Lasting Battle over Power in America, is out in October 2025.
Additional Resources
- United States v. Skrmetti (2025)
- Mahmoud v. Taylor (2025)
- NIFLA v. Becerra (2018)
- Tarasoff v. Regents of the University of California (Cal. 1976)
- Stephanie Barclay et al., “Brief amici curiae of First Amendment Scholars,” Chiles v. Salazar (6/13/2025)
- Erwin Chemerinsky et al., “Brief amici curiae of Constitutional Law Scholars,” Chiles v. Salazar (8/26/2025)
- Cass Report (2024)
In our new podcast, Pursuit: The Founders’ to Guide to Happiness Jeffrey Rosen explores the founders’ lives with the historians who know them best. Plus, filmmaker Ken Burns shares his daily practice of self-reflection.
Listen to episodes of Pursuit on Apple Podcast and Spotify.
Stay Connected and Learn More
- Questions or comments about the show? Email us at [email protected]
- Continue the conversation by following us on social media @ConstitutionCtr.
- Explore the America at 250 Civic Toolkit
- Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate
- Follow, rate, and review wherever you listen
- Join us for an upcoming live program or watch recordings on YouTube
- Support our important work:
