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Freedom of Expression Scholars Conference 1 (2013)

Saturday, May 4, 2013 - 9:00am to Sunday, May 5, 2013 - 3:00pm

Yale Law School
127 Wall Street
New Haven, CT 06520
Event description:

The Information Society Project at Yale Law School will host the first Freedom of Expression Scholars Conference (FESC) at Yale Law School on May 4-5, 2013. The FESC is sponsored by the Abrams Institute for Freedom of Expression.

The conference brings scholars together to discuss their works-in-progress concerning freedom of speech, expression, press, association, petition, assembly, and related issues of knowledge and information policy.

The conference offers participants an opportunity to receive substantive feedback through group discussion. Each accepted paper will be assigned a discussant, who will lead discussion and provide feedback to the author. Participants will be expected to read papers in advance, and to attend the entire conference.

Participation in the conference is by invitation only. Titles and abstracts of papers should be submitted electronically to bryan.choi@yale.edu no later than February 22, 2013. Those interested in serving as discussants should also contact bryan.choi@yale.edu. Workshop versions of papers are due on April 5, 2013 so that they can be circulated to people attending the conference.

Agenda

Friday, May 3, 2013  
7:00 pmInformal Opening DinnerBriq Restaurant

Saturday, May 4, 2013
  
8:30 am - 9:00 amBreakfast & RegistrationDining Hall, Room 122
9:00 am - 9:15 am
 
Welcome & Introduction
 
Room 129
 
9:15 am - 10:30 amFirst Breakout Session 
11:00 am - 12:15 pmSecond Breakout Session 

12:15 pm - 1:15 pm
 

Lunch
 

Dining Hall
 
1:15 pm - 3:00 pmThird Session (Plenary Panel)Room 129
3:30 pm - 4:45 pmFourth Breakout Session 
5:15 pm - 6:30 pmFifth Breakout Session 

7:00 pm

Dinner

Box 63

Sunday, May 5, 2013
  
8:30 am - 9:00 am
 
Breakfast
 
Dining Hall
 
9:00 am - 10:15 amSixth Breakout Session 
10:45 am - 12:30 pmSeventh Session ("Birds of a Feather") 

12:30 pm - 1:30 pm
 

Lunch
 

Dining Hall
 
1:30 pm - 2:45 pmEighth Breakout Session      

Papers

The basic workshop format will be as follows:
The discussant (not the author) will present the paper to the group and provide initial comments (no more than 10 minutes). The author may choose to respond at that point (no more than 5 minutes), and then the workshop will proceed into a roundtable discussion moderated by the discussant. 
The expectation is that all workshop participants will have read the paper beforehand.
 

Saturday, May 4, 2013
8:30 am - 9:00 am — Breakfast
9:00 am - 9:15 am — Welcome & Introduction
9:15 am - 10:30 am — First Breakout Session
Ashutosh BhagwatTerrorism and AssociationsDiscussant:
John Inazu
Room 121
Margot KaminskiCopyright Crime and Punishment: The First Amendment’s Proportionality ProblemDiscussant:
Jason Mazzone
Room 110
Charles “Rocky” RhodesThe Speaker and the Speech: Dimensions of the First AmendmentDiscussant:
Joseph Blocher
Room 111
Sonja WestPress ExceptionalismDiscussant:
Lyrissa Lidsky
Room 112

11:00 am - 12:15 pm — Second Breakout Session
Derek BambauerShut Up: Theories of CensorshipDiscussant:
Molly Land
Room 111
Deven DesaiSpeech, Citizenry, and the Market: A Corporate Public Figure DoctrineDiscussant:
Ashutosh Bhagwat
Room 112
Leslie KendrickFree Speech and Guilty MindsDiscussant:
Adam Kolber
Room 121
Andrew TuttThe New SpeechDiscussant:
Josh Blackman
Room 110

12:15 pm - 1:15 pm — Lunch
1:15 pm - 3:00 pm — Third Session (Plenary Panel)
Jane BambauerIs Data Speech?Discussant:
Rebecca Tushnet
Room 129
James GrimmelmannSpeech Engines
Frank PasqualePlatforms, Power, and Freedom of Expression

3:30 pm - 4:45 pm — Fourth Breakout Session
Stephen FeldmanFree Speech, Democracy, and Political Conservatism: Two Ironies of Conservative Free-Speech Jurisprudence
Discussant:
Vincent Blasi
Room 121
David GoldbergDroning on About the First Amendment...Discussant:
Margot Kaminski
Room 111
Neil RichardsThe Dangers of SurveillanceDiscussant:
Frank Pasquale
Room 110
Ioanna TourkochoritiShould Hate Speech Be Protected? Group Defamation, Party Bans, Holocaust Denial and the Divide Between (France) Europe-U.S.A.Discussant:
Helen Norton
Room 112

5:15 pm - 6:30 pm — Fifth Breakout Session
Tabatha Abu El-HajFriend Me: Linking the Freedom of Association to the Social SciencesDiscussant:
Neil Richards
Room 111
Felix WuThe Ontology of SpeechDiscussant:
Kevin Bankston
Room 110
Adam KolberCard Counting and Freedom of Thought
[revised version]
[initial version]
Discussant:
Seana Shiffrin
Room 112
Zephyr TeachoutThe First Amendment, Lobbying, and American Political TheoryDiscussant:
Robert Post
Room 121

Sunday, May 5, 2013
8:30 am - 9:00 am — Breakfast
9:00 am - 10:15 am — Sixth Breakout Session
Mark BartholomewIntellectual Property’s Lessons for Information Privacy LawDiscussant:
Deven Desai
Room 112
Tamara PietyPaternalism and the Regulation of Commercial SpeechDiscussant:
Andrea Matwyshyn
Room 110
Seana ShiffrinLying and the LawDiscussant:
Jack Balkin
Room 121

10:45 am - 12:30 pm — Seventh Session (“Birds of a Feather”)
Joseph BlocherNonsense and the Freedom of Speech: What Meaning Means for the First AmendmentDiscussant:
Amy Adler
Room 110
Alan ChenInstrumental Music and the First Amendment
Kiel Brennan-MarquezReynolds v. FDA and the Right Not to SpeakDiscussant:
Amy Kapczynski
Room 112
Caroline Mala CorbinCompelled Disclosures
Anjali DalalAdministrative Constitutionalism and the Re-Entrenchment of Surveillance CultureDiscussant:
David Pozen
Room 121
Mary-Rose PapandreaNational Security Leakers and the First Amendment
[revised version]
[>initial version]
Thomas HealyThe Justice Who Changed His Mind: Oliver Wendell Holmes and the Birth of Free Speech in AmericaDiscussant:
Alexander Tsesis
Room 111
Thomas HochmannThe Marc Antony Problem

12:30 pm - 1:30 pm — Lunch
1:30 pm - 2:45 pm — Eighth Breakout Session
David ArdiaFreedom of Speech, Defamation, and InjunctionsDiscussant:
Bruce Brown
Room 109
Andrea MatwyshynHacking Speech: Informational Speech and the First AmendmentDiscussant:
Felix Wu
Room 111
Aaron SaigerVirtual Schools, Virtual Speech, Virtual CommunitiesDiscussant:
Mary-Rose Papandrea
Room 110
Adam ShinarPublic Employee Speech and the Privatization of the First AmendmentDiscussant:
Heidi Kitrosser
Room 112

Participants

A
Tabatha Abu El-Haj - Associate Professor of Law, Drexel University School of Law
Amy Adler - Emily Kempin Professor of Law, NYU School of Law
Marvin Ammori - Bernard L. Schwartz Fellow, New America Foundation
David Ardia - Assistant Professor of Law, University of North Carolina School of Law

B
Jack Balkin - Knight Professor of Constitutional Law and the First Amendment, Yale Law School; Director, Yale Information Society Project
Derek Bambauer - Associate Professor of Law, University of Arizona College of Law
Jane Bambauer - Associate Professor of Law, University of Arizona College of Law
Kevin Bankston - Senior Counsel and Director of the Free Expression Project, Center for Democracy & Technology
Mark Bartholomew - Professor of Law, SUNY Buffalo Law School
Ashutosh Bhagwat - Professor of Law, UC Davis School of Law
Josh Blackman - Assistant Professor, South Texas College of Law
Vincent Blasi - Corliss Lamont Professor of Civil Liberties, Columbia Law School
Ben Blink - Policy Analyst, Free Expression and International Relations, Google
Joseph Blocher - Associate Professor, Duke Law School
Rebecca Bolin - Resident Fellow, Yale Information Society Project, Yale Law School
Kiel Brennan-Marquez - Schell Center Visiting Human Rights Fellow, Yale Law School
Bruce Brown - Executive Director, Reporters Committee for Freedom of the Press

C
Alan Chen - Professor of Law, University of Denver College of Law
Bryan Choi - Director of Law & Media, Yale Information Society Project, Yale Law School
Caroline Mala Corbin - Associate Professor of Law, University of Miami School of Law

D
Anjali Dalal - Resident Fellow, Yale Information Society Project, Yale Law School
Deven Desai - Associate Professor of Law, Thomas Jefferson School of Law

F
Stephen Feldman - Jerry W. Housel / Carl F. Arnold Distinguished Professor of Law and Adjunct Professor of Political Science, University of Wyoming College of Law

G
Kristelia Garcia - Frank H. Marks Fellow in Intellectual Property & Visiting Associate Professor, George Washington University School of Law
David Goldberg - Associate Fellow, Centre for Socio-Legal Studies, University of Oxford
James Grimmelmann - Professor of Law, New York Law School

H
Navid Hassanpour - Ph.D. Candidate, Political Science, Yale University
Thomas Healy - Professor of Law, Seton Hall University School of Law
Thomas Hochmann - Associate Professor of Law, University of Reims Champagne-Ardenne (France)

I
John Inazu - Associate Professor of Law and Political Science, Washington University School of Law

K
Margot Kaminski - Executive Director, Yale Information Society Project, Yale Law School
Amy Kapczynski - Associate Professor of Law, Yale Law School; Director, Global Health Justice Partnership
Leslie Kendrick - Associate Professor of Law, University of Virginia School of Law
Heidi Kitrosser - Professor of Law, University of Minnesota Law School
Adam Kolber - Professor of Law, Brooklyn Law School

L
Molly Land - Associate Professor of Law, New York Law School
Lyrissa Lidsky - Stephen C. O’Connell Chair & Professor of Law, University of Florida College of Law
Emma Llansó - Policy Counsel, Center for Democracy & Technology

M
Andrea Matwyshyn - Assistant Professor, Legal Studies and Business Ethics, Wharton School, University of Pennsylvania
Jason Mazzone - Lynn H. Murray Faculty Scholar in Law, University of Illinois College of Law
Kerry Monroe - Ph.D. Candidate, Yale Law School
Christina Mulligan - Resident Fellow, Yale Information Society Project, Yale Law School

N
Helen Norton - Associate Dean for Academic Affairs and Associate Professor of Law, University of Colorado School of Law

P
Mary-Rose Papandrea - Associate Professor, Boston College Law School
Frank Pasquale - Schering-Plough Professor in Health Care Regulation & Enforcement, Seton Hall School of Law
Tamara Piety - Professor of Law, University of Tulsa College of Law
Robert Post - Dean and Sol & Lillian Goldman Professor of Law, Yale Law School
David Pozen - Associate Professor of Law, Columbia Law School

R
Charles “Rocky” Rhodes - Professor of Law, South Texas College of Law
Neil Richards - Professor of Law, Washington University School of Law

S
Aaron Saiger - Professor of Law, Fordham University School of Law
Seana Shiffrin - Professor of Philosophy and Pete Kameron Professor of Law and Social Justice, UCLA School of Law
Adam Shinar - S.J.D. Candidate, Harvard Law School
Priscilla Smith - Associate Research Scholar in Law and Senior Fellow, Program for the Study of Reproductive Justice, Yale Information Society Project, Yale Law School
Anna Su - S.J.D. Candidate, Harvard Law School

T
Zephyr Teachout - Associate Professor of Law, Fordham University School of Law
Ioanna Tourkochoriti - Lecturer, Committee on Degrees in Social Studies, Harvard University
Alexander Tsesis - Associate Professor of Law, Loyola University School of Law
Andrew Tutt - Student Fellow, Yale Information Society Project
David Thaw - Visiting Assistant Professor, University of Connecticut School of Law
Rebecca Tushnet - Professor of Law, Georgetown University Law Center

W
Sonja West - Associate Professor of Law, University of Georgia School of Law
Christopher Wong - Executive Director, Engelberg Center on Innovation Law and Policy, NYU Law School
Felix Wu - Associate Professor of Law, Cardozo School of Law