Saturday, May 2, 2015 - 8:15am to Sunday, May 3, 2015 - 5:15pm

Yale Law School
127 Wall Street
New Haven, CT 06520

The Information Society Project at Yale Law School will host the third Freedom of Expression Scholars Conference (FESC) at Yale Law School on May 2-3, 2014. The FESC is co-sponsored by the Abrams Institute for Freedom of Expression and Thomson Reuters.

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.  Now in its third year, the FESC has become a fixture on the calendar of leading First Amendment thinkers nationwide and is the premier annual gathering of First Amendment scholars in the United States.  As in past years, well over 50 leading First Amendment scholars and practitioners will be in attendance this year.

The conference offers participants an opportunity to receive substantive feedback through group discussion. Each paper is assigned a discussant, who leads a discussion and provides feedback to the author. Participants will be expected to read papers in advance, and to attend the entire conference.  Workshop sessions are typically lively discussions between and among authors, discussants, and participants.  While anyone is welcome to apply to participate in the conference, attendance is by invitation only.

Agenda

The basic workshop format will be as follow: 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 2, 2015

Registration - Room 122

8:30 am - 9:00 am — Breakfast – Dining Hall

9:00 am - 9:15 am — Welcome & Introduction – Dining Hall

9:15 am - 10:30 am — First Session (Breakout Session)

Alex Tsesis

Balancing Free Speech

Discussant:

Step Feldman

Room 120

Josh Blackman

Collective Liberty

Discussant:

Kiel Brennen-

Marquez

Room 121

Renee Knake

Competition, Capture, Commercial Speech, and the Courts

Discussant:

BJ Ard

Room 128

Brian Soucek

Aesthetic Judgment in Law

Discussant:

Kate Klonick

Room 129

11:00 am - 12:15 pm — Second Session (Breakout Session)

Sonja West

“The Press” Then and Now

Discussant:

RonNell Anderson Jones

Room 120

Ashutosh Bhagwat

Who’s Afraid of Content Regulation

Discussant:

Lauren Henry

Room 121

Andrew Tutt

On the Regulation of Speech Contracts

Discussant:

Ariel Bendor

Room 128

Enrique Armijo

The “Ample Alternative Channels” Mistake in First Amendment Doctrine

Discussant:

Kerry Monroe

Room 129

12:15 pm - 1:30 pm — Lunch (Dining Hall)

1:30 pm - 3:00 pm — Third Session (Plenary Panel)

ick Hasen

Money, Politics and the Decline of American Democracy

Moderator:

Jack Balkin

Room 129

Tabatha Abu El-Haj

Having a Different Conversation about Money and Politics

3:30pm - 4:45pm — Fourth Session (Breakout Session)

Malvika Maheshwari

Artistic Speech in the Indian Courts: Law and the Production of Violence

Discussant:

Helen Norton

Room 120

Sarah Haan

Mosaic Disclosure, the Firm, and the First Amendment

 

Discussant:

David Blankfein-

Tabachnick

Room 121

Caroline Corbin

Speech or Conduct? The Cake Wars

Discussant:

David Han

Room 128

Maggie McKinley

Lobbying and the Petition Clause

Discussant:

Heidi Kitrosser

Room 129

5:15 pm - 6:30 pm — Fifth Session (Breakout Session)

eidi Kitrosser

The Special Value of Public Employee Speech

Discussant:

Jonathan Manes

Room 121

Step Feldman

Reimagining Free Expression in the Digital Age: A Self-Emergence Rationale (With an Emphasis on Net Neutrality)

Discussant:

Alex Tsesis

Room 128

Stefanus Hendrianto

Hamlet with the Prince: Religious Speech as High Value Speech in the Culture Wars

Discussant:

Caroline Corbin

Room 129

7:30 pm - 9:30 pm — Dinner

Sunday, May 3, 2015

8:30 am - 9:00 am — Breakfast

9:00 am - 10:15 am — Sixth Session (Breakout Session)

Michael Froomkin

Lessons Learned too Well: Anonymity in a Time of Surveillance

Discussant:

Christina Mulligan

Room 121

Tamara Piety

Killing the Golden Goose: Will Blended Advertising and Editorial Content Kill Both

Discussant:

Roy Peled

Room 128

Aleksandra Gliszczynska / Dominika Bychawska-Siniarska

Nazi Songs, Extremist Books, and Fascist Insignia on Sale: Case Study of Allegro in Poland

Discussant:

Adam Lamparello

Room 129

10:45am – 12:00 pm — Seventh Session (Breakout Session)

Vince Blasi

The Classic Arguments for Free Speech: Milton

Discussant:

Thomas Healy

Room 121

Greg Magarian

Speakers, Cornered: The Roberts Court in the Public Forum

Discussant:

Mark Tushnet

Room 128

Hannah Bloch-Wehba

Beyond Standing: How National Security Surveillance Undermines the Reporters Privilege and a Free Press

Discussant:

Colin Agur

Room 129

 

12:15 pm - 2:00 pm — Eighth Session (Lunchtime Plenary Panel)

Margot Kaminski

The Right to Record and How it Interferes with Information Gathering Laws

Moderator:

Neil Richards

Room 127

 

Alan Chen and Justin Marceau

Video Image Capture, Democracy and the First Amendment

Marc Blitz, Stephen Henderson, and Joseph Thai

Regulating Drones Under the First Amendment

2:15 pm - 3:30 pm — Ninth Session (Breakout Session)

 

Mark Tushnet

The Distinction Between First Amendment Coverage and First Amendment Protection, and its Significance

Discussant:

Sarah Haan

Room 121

BJ Ard

Zero-Rating: Toward a Purposive Approach to Network Neutrality

Discussant:

Deven Desai

Room

Jonathan Manes

Secret Law

Discussant:

Andrew Selbst

Room 128

Amanda Shanor

The New Lochner

Discussant:

Vince Blasi

Room 129

FESC 3 Participants

 

Floyd Abrams Partner Cahill Gordon & Reindel LLP
Tabatha Abu El-Haj Associate Professor of Law Drexel University Thomas R. Kline School of Law
Colin Agur Resident Fellow, ISP Yale Law School
RonNell Anderson Jones Professor of Law BYU Law School
BJ Ard PhD Candidate and Resident Fellow, ISP Yale Law School
Enrique Armijo Assistant Professor of Law Elon University School of LAw
Jack Balkin Knight Professor of Constitutional Law and the First Amendment Yale Law School
Sandra Baron Senior Fellow, Abrams Institute for Freedom of Expression Yale Law School
Ariel Bendor Distinguished Visiting Professor and Professor of Law University of Maryland Francis King Carey School of Law and Bar-Ilan University Faculty of Law
Ashutosh Bhagwat Professor of Law UC Davis School of Law
Josh Blackman Assistant Professor of Law South Texas College of Law
David Blankfein-Tabachnik Assistant Professor of Law Michigan State University College of Law
Vince Blasi Corliss Lamont Professor of Civil Liberties Columbia Law School
Marc Blitz Professor of Law Oklahoma City University School of Law
Hannah Bloch-Wehba Stanton Fellow Reporters Committee for Freedom of the Press
Kiel Brennan-Marquez   Law Clerk
Susan Buckley Partner Cahill Gordon & Reindel LLP
Dominika Bychawska-Siniarska PhD Candidate Polish Academy of Sciences
Alan Chen William M. Beaney Memorial Research Chair and Professor University of Denver Sturm College of Law
Caroline Mala Corbin Professor of Law University of Miami School of Law
Robert Corn-Revere Partner Davis Wright Tremaine LLP
Deven Desai Associate Professor Georgia Tech Scheller College of Business
Stephen Feldman Jerry W. Housel / Carl F. Arnold Distinguished Professor of Law University of Wyoming College of Law
Michael Froomkin Laurie Silvers and Mitchell Rubenstein Distinguished Professor of Law University of Miami School of Law
Aleksandra Gliszczynska-Grabias Senior Researcher Poznan Human Rights Centre, Institute of Legal Studies, Polish Academy of Sciences
Sarah Haan Associate Professor of Law University of Idaho College of Law
David Han Associate Professor of Law Pepperdine University School of Law
Rick Hasen Chancellor's Professor of Law and Political Science UC Irvine School of Law
Thomas Healy Professor of Law Seton Hall University School of Law
Stephen Henderson Professor of Law University of Oklahoma College of Law
Stefanus Hendrianto Visiting Lecturer in Law Santa Clara University School of Law
Lauren Henry Resident Fellow, ISP Yale Law School
Margot Kaminski Assistant Professor Ohio State University Moritz College of Law
Heidi Kitrosser Professor of Law University of Minnesota Law School
Kate Klonick Resident Fellow, ISP Yale Law School
Renee Knake Professor of Law and Foster Swift Professor of Legal Ethics Michigan State University College of Law
Adam Lamparello Assistant Professor of Law Indiana Tech Law School
Gregory Magarian Professor of Law Washington University School of Law
Malvika Maheshwari Assistant Professor of Political Science Ashoka Univesrsity
Jonathan Manes Abrams Clinical Fellow and Clinical Lecturer in Law Yale Law School
Justin Marceau Associate Professor of Law University of Denver Sturm College of Law
Maggie McKinley Climenko Fellow and Lecturer on Law Harvard Law School
Kerry Monroe PhD Candidate and Resident Fellow, ISP Yale Law School
Christina Mulligan Assistant Professor of Law Brooklyn Law School
Helen Norton Associate Professor of Law University of Colorado Law School
Roy Peled JSD Candidate Tel-Aviv University Law School
Tamara Piety Senior Research Scholar and Phyllis Hurley Frey Professor of Law Yale Law School & University of Tulsa Law School
Neil Richards Professor of Law Washington University School of Law
Dean Ringel Partner Cahill Gordon & Reindel LLP
David A. Schulz Clinical Lecturer in Law and Partner Yale Law School and Levine Sullivan Koch & Schulz LLP
Andrew Selbst   Law Clerk
Amanda Shanor PhD Candidate and Resident Fellow, ISP Yale Law School
Charles S. Sims Partner Proskauer Rose LLP
Paul M. Smith Partner Jenner & Block LLP
Brian Soucek Acting Professor of Law UC Davis School of Law
Joseph Thai Presidential Professor of Law University of Oklahoma College of Law
Alexander Tsesis Professor of Law Loyola University Chicago School of Law
Mark Tushnet William Nelson Cromwell Professor of Law Harvard Law School
Andrew Tutt   Law Clerk
Sonja West Associate Professor of Law University of Georgia School of Law