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Freedom of Speech

2017 National Student Symposium - "The First Amendment in Contemporary Society"

Columbia Law School - March 3-4, 2017 Friday, March 03, 06:30 PMColumbia Law School
435 W 116th St
New York, NY 10027

The Columbia Law School Federalist Society's Student Chapter will host the 36th National Student Symposium on March 3-4, 2017. The topic of the Symposium is "The First Amendment in Contemporary Society". Additional information will be posted later this year.

ABA Rule 8.4

Professional Responsibility & Legal Education and Free Speech & Election Law Practice Groups Teleforum Monday, December 12, 01:00 PMFederalist Society Teleforum Conference Call

Professor Eugene Volokh of the UCLA School of Law will be joining us Monday, December 12 to discuss the ABA’s new Rule 8.4 on professional misconduct. The Rule states that it is professional misconduct for a lawyer to “engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law.” The ABA goes further in Comments, stating that “Such discrimination includes harmful verbal or physical conduct that manifests bias or prejudice towards others,” and that the Rule applies in any situation, even social, that is “connected to the practice of law.”

Professor Volokh will discuss the First Amendment implications and reaction to the new rule.

Featuring:

  • Professor Eugene Volokh, Gary T. Schwartz Professor of Law, UCLA School of Law

ROUNDTABLE: Areas of Constitutional Doctrine Transformed - Event Audio/Video

2016 National Lawyers Convention
Floyd Abrams, Michael W. McConnell, David Stras, Nadine Strossen, Eugene Volokh, M. Edward Whelan, Diarmuid F. O'Scannlain, Lee Liberman Otis November 24, 2016

The final Showcase panel examines Justice Scalia's transformation of five very important areas of Supreme Court doctrine. First, Justice Scalia transformed freedom of expression doctrine by entrenching a rule of viewpoint neutrality in place of different tests for different kinds of speech. In the five to four flag burning cases, Justice Scalia teamed up with Justices Brennan and Marshall to protect political speech. In the five to four decision in Citizens United he did the same thing with a different block of Justices. In another five to four opinion, Justice Scalia recognized constitutional protection for hate speech in RAV v. City of St. Paul. He joined a summary affirmance of a Seventh Circuit opinion by Judge Frank Easterbrook banning Catherine MacKinnon's anti-pornography laws. Second, Justice Scalia revolutionized the law of the religion clauses by largely burying the Lemon test and leading the Supreme Court in affirming the constitutionality of education vouchers for religious schools. Third, Justice Scalia revolutionized the Second Amendment by finding that it protected an individual's right to bear arms to defend himself, and he was very libertarian and protective of criminal defendants' rights in his criminal procedure jurisprudence. Fourth, Justice Scalia surprised some observers with his criminal law and procedure opinions on searches, the Confrontation Clause, and more. Finally, Justice Scalia played what some describe as a unique role in standing, including in his opinion in Lexmark International, Inc. v. Static Control Components, Inc. 

This panel was held on November 19, 2016, during the 2016 National Lawyers Convention in Washington, DC.

Showcase Panel IV: ROUNDTABLE: Areas of Constitutional Doctrine Transformed
2:45 p.m. – 4:45 p.m.
State Room

  • Mr. Floyd Abrams, Partner, Cahill Gordon & Reindel LLP
  • Hon. Michael W. McConnell, Richard and Frances Mallery Professor of Law, Director of the Constitutional Law Center, Stanford Law School; Senior Fellow, Hoover Institute
  • Hon. David R. Stras, Minnesota Supreme Court
  • Prof. Nadine Strossen, John Marshall Harlan II Professor of Law, New York Law School; former President, American Civil Liberties Union
  • Prof. Eugene Volokh, Gary T. Schwartz Professor of Law, UCLA School of Law
  • Mr. Edward Whelan, President, Ethics & Public Policy Center
  • Moderator: Hon. Diarmuid F. O’Scannlain, U.S. Court of Appeals, Ninth Circuit
  • Introduction: Hon. Lee Liberman Otis, Senior Vice President, The Federalist Society

The Mayflower Hotel
Washington, DC

Ninth Annual Rosenkranz Debate: Hostile Environment Law and the First Amendment - Event Audio/Video

2016 National Lawyers Convention
Deborah L. Rhode, Eugene Volokh, Jennifer Walker Elrod, Eugene B. Meyer November 24, 2016

RESOLVED: Hostile Environment Law, On and Off Campus, Often Violates the First Amendment.

The Ninth Annual Rosenkranz Debate was held on November 19, 2016, during The Federalist Society's 2016 National Lawyers Convention.

Ninth Annual Rosenkranz Debate & Luncheon
12:30 p.m. – 2:30 p.m.         
Grand Ballroom

  • Prof. Deborah L. Rhode, Ernest W. McFarland Professor of Law; Director, Center on the Legal Profession; Director, Program in Law and Social Entrepreneurship, Stanford Law School
  • Prof. Eugene Volokh, Gary T. Schwartz Professor of Law, UCLA School of Law
  • Moderator: Hon. Jennifer W. Elrod, U.S Court of Appeals, Fifth Circuit
  • Introduction: Mr. Eugene B. Meyer, President, The Federalist Society

The Mayflower Hotel
Washington, DC