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Erica Goldberg

Professor of Law

Full-Time Faculty

School of Law


Email: Erica Goldberg
Phone: 937-229-4653
Keller Hall, Room 425
Website: Visit Site


Professor Erica Goldberg teaches Torts, Constitutional Law, and Criminal Procedure at the University of Dayton School of Law. Prior to her appointment, she was an assistant professor at Ohio Northern University Law School. She also taught Legal Research and Writing as a Climenko Fellow and Lecturer on Law at Harvard Law School and Civil Procedure, Criminal Procedure, and Law and Religion as a Visiting Assistant Professor at Penn State Law School.

After graduating from Stanford Law School, Professor Goldberg clerked for Judge Ronald L. Gilman on the United States Court of Appeals for the Sixth Circuit, practiced appellate litigation at Latham & Watkins LLP, and served as a legal fellow at the Foundation for Individual Rights in Education. Professor Goldberg has helped write briefs and petitions filed before several courts of appeals and the Supreme Court.

Professor Goldberg’s scholarship focuses on the intersection of tort law remedies and First Amendment rights. She has been published in the Columbia Law Review, Cardozo Law Review, Connecticut Law Review, and Michigan Law Review First Impressions. She blogs at In a Crowded Theater, and links to her blog posts have appeared in media including The Washington Post and


J.D., with distinction, Stanford Law School

B.A., summa cum laude, Tufts University

Selected Publications

First Amendment Contradictions and Pathologies in Discourse (forthcoming Arizona Law Review 2022).

Common Law Baselines and Current Free Speech Doctrine, 66 Vill. L. Rev. 311 (2021). 

First Amendment Cynicism and Redemption, 88 U. Cin. L. Rev. 959 (2019).

“Good Orthodoxy” and the Legacy of Barnette, 13 FIU L. Rev. 639 (2019) (symposium issue).

Competing Free Speech Values in an Age of Protest, 39 Cardozo L. Rev. 2163 (2018).

Free Speech Consequentialism, 116 Colum. L. Rev. 687 (2016).

Emotional Duties, 47 Conn. L. Rev. 809 (2015).

Getting Beyond Intuition in the Probable Cause Inquiry, 17 Lewis & Clark L. Rev. 789 (2013).

Commentary, How United States v. Jones Can Restore Our Faith in the Fourth Amendment, 110 Mich. Law. Rev. First Impressions 62 (2012).

Teaching Interests


First Amendment (free speech)

Criminal Procedure

Law and Religion (Establishment Clause and Free Exercise Clause)

Speech Torts