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 |