Freedom of Speech

Speech Code for Lawyers? - Podcast

Free Speech & Election Law, Litigation, and Professional Responsibilities & Legal Education Practice Groups Podcast
Eugene Volokh June 06, 2016

The American Bar Association (ABA) model rules of conduct have long wrestled with regulating the intersection of discrimination and the law of lawyering. The current model rules forbid discrimination in the practice of law only as a comment to the prohibition on lawyer conduct prejudicial to the administration of justice. After much discussion and pressure, the ABA has proposed expanding the language to become new model rule 8.4 (g). If enacted, this rule would prohibit (in its own right) discrimination or harassment by a lawyer engaged in the practice of law against a list of protected classes, including ethnicity, gender identity, and marital status. Perhaps anticipating a challenge, the new rule's comment states that the new rule does not apply to non-lawyer conduct or activities protected by the first amendment and also exempts times when references to such protected groups and facts are needed to effectively represent a client. However, this new rule would apply to all conduct at primarily firm and legal events, including firm related social events.

What is discrimination or harassment over socioeconomic status? Since this rule applies to social settings, where is the line to be drawn and what chilling effect might be created? What about free speech and free association?


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

Free Speech and Climate Change

Short video featuring Andrew Grossman
Andrew Grossman April 19, 2016

Andrew Grossman, Partner at BakerHostetler, explains the investigation of the fossil fuel industry and public policy groups skeptical of climate change by the Attorneys General of nineteen states. He underscores the importance of free speech in public policy debates on climate change. Mr. Grossman is also Counsel for the Competitive Enterprise Institute.

True the Vote v. IRS - Podcast

Federalism & Separation of Powers Practice Group Podcast
John C. Eastman April 14, 2016

True the Vote, a Texas-based vote monitoring organization intent on policing and preventing voter fraud, brought suit against the Internal Revenue Service alleging discrimination against conservative organizations applying for tax-exempt status. On Thursday, April 14, additional oral arguments were held in the D.C. Circuit Court of Appeals. Advocate Professor John Eastman joined our Teleforum to discuss the merits of the case, its procedural posture, and the argument.


  • Prof. John C. Eastman, Henry Salvatori Professor of Law & Community Service, Chapman University School of Law

Political Correctness on Campus - Event Audio/Video

Stanford Intellectual Diversity Conference
Pamela S. Karlan, Nicholas Quinn Rosenkranz, Richard H. Sander, Zachary Price April 13, 2016

Political correctness in the classroom can be seen as a consequence of a lack of political diversity in the university. How does political correctness affect research, and teaching? Is political correctness all that bad, or does it have a proper place in academia? Professors Pam Karlan, Richard Sander, and Nicholas Rosenkranz discuss.

This panel was presented at the Stanford Intellectual Diversity Conference on Friday, April 8, 2016, at Stanford Law School.

Political Correctness on Campus

  • Prof. Pamela S. Karlan, Kenneth and Harle Montgomery Professor of Public Interest Law and Co-Director, Supreme Court Litigation Clinic, Stanford Law School
  • Prof. Nicholas Quinn Rosenkranz, Professor of Law, Georgetown University Law Center
  • Prof. Richard H. Sander, Professor of Law, UCLA School of Law
  • Moderator: Prof. Zachary Price, Associate Professor of Law, UC Hastings College of the Law

Stanford Law School
Stanford, CA

A Conversation on Intellectual Diversity - Event Audio/Video

Stanford Intellectual Diversity Conference
Larry Kramer, Michael W. McConnell, Bernadette Meyler, Michael Rubin April 13, 2016

Why make a big deal out of intellectual diversity in academia, anyway? What are its advantages? What are its disadvantages? Is it a goal worth pursuing at the expense of others? Dean Larry Kramer and Professor Michael McConnell debate these points and others.

This panel was presented at the Stanford Intellectual Diversity Conference on Friday, April 8, 2016, at Stanford Law School.

Keynote Conversation

  • Dean Larry Kramer, President, The William and Flora Hewlett Foundation; Lecturer in Law and Former Dean, Stanford Law School
  • Prof. Michael McConnell, Richard and Frances Mallery Professor and Director, Constitutional Law Center, Stanford Law School
  • Moderator: Prof. Bernadette Meyler, Carl and Shelia Spaeth Professor of Law, Stanford Law School
  • Introduction: Mr. Michael Rubin, Co-President, Stanford Student Chapter

Stanford Law School
Stanford, CA