Saturday, May 3, 2014 - 9:00am to Sunday, May 4, 2014 - 4:45pm
Yale Law School
127 Wall Street
New Haven, CT 06520
The Information Society Project at Yale Law School will host the second Freedom of Expression Scholars Conference (FESC) at Yale Law School on May 3-4, 2014. 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.
Agenda
Friday, May 2, 2014
7:00pm -- Dinner Barcelona, 155 Temple St.
Saturday, May 3, 2014
Registration - Room 122
8:30-9:00 – Breakfast (Dining Hall)
9:00-9:15 – Welcome and Introduction – (Dining Hall)
9:15-10:30 – First Breakout Session
| Hillary Greene | Product Redesign as Commercial Expression: Antitrust Treatment of Speech and Innovation | Discussant: Devan Desai | Room 121 |
| Neil Richards | Why Data Privacy Law is (Mostly) Constitutional | Discussant: BJ Ard | Room 129 |
| Alexander Tsesis | Free Speech Constitutionalism | Discussant: Toni Massaro | Room 128 |
11-12:15 – Second Breakout Session
| James Grimmelmann | Active Listening | Discussant: Jack Balkin | Room 129 |
| Randy Kozel | Second Thoughts About the First Amendment | Discussant: Alan Chen | Room 121 |
| Jonathan Manes | Tentative: National Security Letters and the First Amendment, Brief of Amici Curiae Floyd Abrams Institute and First Amendment Scholars, In re Nat'l Sec. Letter (9th Cir. filed Mar. 31, 2014) (Brief currently under seal) | Discussant: TBA (if brief is unsealed in time) | Room 110 |
| Laura Weinrib | Civil Liberties Enforcement and the New Deal State | Discussant: Jeremy Kessler | Room 128 |
12:15-1:15 – Lunch (Dining Hall)
1:15-3:00 – Third Session – Plenary (Room 129)
| Enrique Armijo | Government-Provided Internet Access: Terms of Service as Speech Rules | Discussant: Margot Kaminski | Room 129 |
| Jack Balkin | Old School/New School Speech Regulation | ||
| Derek Bambauer | Against Jawboning |
3:30-4:45 – Fourth Breakout Session
| David Han | Flexible Remedies in Speech-Tort Jurisprudence | Discussant: Mary-Rose Papandrea | Room 110 |
| Helen Norton | When Government Lies: The Constitutional Implications of the Government's Deliberate Falsehoods | Discussant: Jonathan Manes | Room 121 |
| Felix Wu | The Commercial Difference | Discussant: Tamara Piety | Room 129 |
| Stephen Feldman | Constitution Betrayed: Free Expression, the Cold War, and the End of Democracy | Discussant: Thomas Healy | Room 128 |
5:15-6:30 – Fifth Breakout Session
| Leslie Kendrick | Speech as Special | Discussant: Tim Zick | Room 121 |
| Laura Little | Why is Censorship Funny? | Discussant: David Thaw | Room 128 |
| Kiel Brennan-Marquez | The Freedom Not to Think | Discussant: Jane Bambauer | Room 129 |
7:00 – Dinner Heirloom (1157 Chapel Street)
Sunday, May 4, 2014:
8:30-9:00 – Breakfast (Dining Hall)
9:00-10:15 – Sixth Breakout Session
| John Inazu | Re-Assembling Labor | Discussant: Tabatha Abu El- Haj | Room 129 |
| Kerry Monroe | Unreasonable Access: Disguised Issue Advocacy and the Role of Broadcasters in Shaping Public Discourse | Discussant: Vince Blasi | Room 121 |
| Andrew Tutt | The Revisability Principle | Discussant: Joseph Blocher | Room 128 |
10:45-12:00 – Seventh Session –Plenary (Room 129)
| Danielle Citron | Revenge Porn | Discussant: Lee Rowland | Room 129 |
12:00-1:30 – Lunch (Dining Hall)
1:30-2:45 – 8th Breakout Session
| Nicholas Bramble | Speech and Safety Laboratories | Discussant: Pranesh Prakash | Room 121 |
| Jeremy Kessler | First Amendment Challenges to Economic Regulation in theJehovah’s Witness Cases | Discussant: Laura Weinrib | Room 129 |
| Esteve Sanz | The First Amendment and Cultural Creation | Discussant: Kiel Brennan-Marquez | Room 128 |
FESC2 List of Participants
A
Tabatha Abu El-Haj - Associate Professor of Law, Drexel University School of Law
BJ Ard - Thomson Reuters Resident Fellow, Information Society Project, Yale Law School
Enrique Armijo - Associate Professor of Law, Elon University 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
Vincent Blasi - Corliss Lamont Professor of Civil Liberties, Columbia Law School
Joseph Blocher - Associate Professor, Duke Law School
Nicholas Bramble - Senior Policy Fellow, Google
Kiel Brennan-Marquez - Resident Fellow, Information Society Project, Yale Law School
C
Alan Chen - Professor of Law, University of Denver College of Law
Danielle Citron - Professor of Law, University of Maryland Francis King Carey School of Law
D
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
Hillary Greene - Professor of Law, University of Connecticut School of Law
James Grimmelmann - Professor of Law, University of Maryland Francis King Carey School of Law
H
David Han - Associate Professor of Law, Pepperdine University School of Law
Thomas Healy - Professor of Law, Seton Hall University School of Law
I
John Inazu - Associate Professor of Law and Political Science, Washington University School of Law
K
Margot Kaminski - Executive Director, Information Society Project, Yale Law School
Leslie Kendrick - Associate Professor of Law, University of Virginia School of Law
Jeremy Kessler - David Berg Foundation Fellow, Tikvah Center for Law & Jewish Civilization, New York University
Randy Kozel -Associate Professor of Law, University of Notre Dame Law School
L
Laura Little - Charles Klein Professor of Law, Temple University Beasley School of Law
M
Greg Magarian - Professor of Law, Washington University Law School
Jonathan Manes -Associate Research Scholar in Law and Abrams Clinical Fellow, Informaiton Society Project, Yale Law School
Toni Massaro - Regents' Professor, University of Arizona, James E. Rogers College of Law
Kerry Monroe - Law Ph.D. Candidate, 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 - Professor, Boston College Law School
Pranesh Prakash - Postgraduate Associate in Law and Access to Knowledge Fellow, Information Society Project, Yale Law School
Tamara Piety - Professor of Law, University of Tulsa College of Law
R
Neil Richards - Professor of Law, Washington University School of Law
Lee Rowland -Staff Attorney, ACLU Speech, Privacy and Technology Project
S
Esteve Sanz - Resident Fellow, Information Society Project, Yale Law School
T
David Thaw - Visiting Assistant Professor, University of Connecticut School of Law
Alexander Tsesis - Professor of Law, Loyola University School of Law
Andrew Tutt - Law Clerk and Visiting Fellow, Yale Information Society Project
W
Felix Wu - Associate Professor of Law, Cardozo School of Law
Z
Tim Zick - Mills E. Godwin, Jr. Professor of Law, Willian & Mary Law School