Erwin Chemerinsky is a left-of-center legal scholar and prolific author who is now Dean of the University of California’s Berkeley School of Hall, formerly known as Boalt Hall (named after a prominent 19th century attorney, John Henry Boalt, whose widow funded construction of the school’s initial building over a century ago). Berkeley’s law school was re-named—before Chemerinsky became Dean on July 1 , 2017—in part due to sensitivity regarding its namesake’s opposition to Chinese immigration and advocacy of the 1882 Chinese Exclusion Act. I raise this because the issue of heightened “sensitivity”—frequently resulting in the removal or re-naming of historical memorials—currently roils higher education in a number of ways, including the suppression on campus of viewpoints considered to be objectionable.
Editor’s note: David Deavel, editor of St. Thomas University’s quarterly, Logos, invited me to contribute an essay on Orestes Brownson‘s remarkable defense of religious liberty in his 1864 essay “Civil and Religious Freedom.” Posted below is a modified version of my essay published in the Fall edition of Logos.
Orestes Brownson’s wonderful essay “Civil and Religious Freedom” (1864) provides a remarkable philosophical and constitutional defense of religious liberty. The essay bears the particular merit of bridging the traditional American understanding of religious freedom as an individual right with the corporate notion of freedom of the church, which acts, Brownson argues, as the shield of religious liberty. In this way, Brownson provided an original, robust defense of American constitutionalism and religious freedom.