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2017 Symposium

Student Symposium Livestream: Universities and the First Amendment

Timothy Courtney March 03, 2017
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Universities have long been thought of, and cherished, as places for the free exchange of ideas. This idea has, however, come under pressure. Student groups have now routinely exercised pressure to keep people who they disagree with off campus. And safe spaces and trigger warnings—which limit speech that some have deemed offensive—have become regular features at universities across the nation. 

Many see the climate of shouting-down or protesting the expression of others' viewpoints as the symbolic beginning of an era limiting the freedom of speech on college campuses. While surveys seem to show a majority of students disagree with universities curtailing speech, even when it is offensive, vocal minorities with opposing views have been the ones capturing news headlines and the attention of the public at large.

With the accessibility to speech provided by the internet and viral sharing of information, expression and speech spread with more ease than ever, but this same technology creates opportunities for back-lash on social media and gives a larger stage to those who would threaten the free market of ideas at our nation's universities.

The First Amendment protects principles which have always required vigilance to maintain, and today's world makes no exception. This panel will explore how these developments have affected intellectual discourse on campus and if they are conducive to a meaningful learning experience at our universities.

Panelists:

- Prof. Robert Post, Dean and Sol & Lillian Goldman Professor of Law, Yale Law School

- Prof. Phillip Hamburger, Maurice and Hilda Friedman Professor of Law, Columbia Law School

- Prof. Suzanne Goldberg, Executive Vice President for University Life, Columbia University; Herbert and Doris Wechsler Clinical Professor of Law, Columbia Law School

- Prof. Michael McConnell, Richard and Frances Mallery Professor of Law; Director, Constitutional Law Center; Senior Fellow, Hoover Institution

- Moderator: Hon. Thomas Hardiman, U.S. Court of Appeals, Third Circuit

 

 

Past panels:

Religious Liberty after the USCCR Report

Debate: ABA Model Rule 8.4

Campaign Finance and Free Speech

Privacy and Freedom of the Press
 

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gavel and courtroom

Should Bar Disciplinary Committees Conduct Political Fact-Checking?

Maya Noronha March 02, 2017
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On February 20, fifteen law professors submitted a complaint to the D.C. bar seeking discipline of Kellyanne Conway for public comments she made in television interviews during her first month as Counselor to the President. These professors based their challenge on specific statements Conway made about observers of the presidential inauguration, a supposed Bowling Green massacre, the Iraqi refugee program, and Ivanka Trump’s clothing line. [Read More]

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First Amendment monument

[VIDEO] Lee v. Tam: "Disparaging Trademarks and the First Amendment

Timothy Courtney January 18, 2017
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Can the Patent and Trademark Office (PTO) deny a trademark to a group with an offensive name - or does the First Amendment invalidate the provision of trademark law under which the denial was made? Attorney and legal commentator John Shu explains the dispute between the PTO and an Asian-American rock band seeking to trademark the name “The Slants” in the case Lee v. Tam. The Supreme Court will hear oral argument today.

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Exceptionalism by Michael B Mukasey

Happy Anniversary to the FedSoc blog!

Timothy Courtney September 09, 2016
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The new, revamped Federalist Society blog turns one year old this week! Take a look at the top posts since September 2015:

Supreme Court Preview: Puerto Rico v. Sanchez Valle, by Rick Pildes

Justice Scalia and Mismatch, by Alison Somin

The Climate Change Inquisition, by Peggy Little

Restoring Public Trust: In Foster v. Chatman, Supreme Court Strikes Blow Against Prosecutorial Misconduct, by Evan Bernick

Who’s ‘Weaponizing the First Amendment’—the Left or the Right?, by Brian Miller

 

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A Response to Bill Otis’s "Baker’s Dozen" by John G. Malcolm

Sign Crimes

Christina Sandefur August 21, 2016
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Entrepreneurs wishing to advertise new products or services are often thwarted by local ordinances that censor their efforts to communicate certain messages to the public. In 2015, the U.S. Supreme Court ruled in Reed v. Town of Gilbert that such restrictions are unconstitutional, and struck down an unfair and confusing set of restrictions imposed on signs by the Town of Gilbert, Arizona. But many cities across the country continue to threaten small business owners with fines and even jail time for putting up a “For Lease” sign or a banner offering free meals to veterans.Entrepreneurs wishing to advertise new products or services are often thwarted by local ordinances that censor their efforts to communicate certain messages to the public. In 2015, the U.S. Supreme Court ruled in Reed v. Town of Gilbert that such restrictions are unconstitutional, and struck down an unfair and confusing set of restrictions imposed on signs by the Town of Gilbert, Arizona. But many cities across the country continue to threaten small business owners with fines and even jail time for putting up a “For Lease” sign or a banner offering free meals to veterans. [Read More]