The Constitution protects us from criminal conviction unless the government can prove guilt beyond a reasonable doubt. However, this high burden is only as formidable as the words used to describe it to the jury. And many courts describe it in ways that lower, and sometimes even shift, the burden of proof.

In a conversation with members of the California Law Review recorded in April 2017, Charles Robinson, General Counsel of the University of California, discussed the university’s approach to free speech on campus. A glance at recent headlines from outlets ranging from the San Francisco Chronicle to TIME to Fox News show a wide range of…