Saturday, April 30, 2016 - 8:15am to Sunday, May 1, 2016 - 1:15pm
Yale Law School
127 Wall Street
New Haven, CT 06520
The Information Society Project at Yale Law School will host the fourth Freedom of Expression Scholars Conference (FESC) at Yale Law School on April 30-May 1, 2016. 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. Now in its fourth 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.
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 among audience participants and the author, moderated by the discussant.
Because the format of the conference depends on active participation, the expectation is that audience participants will read the papers in advance of the sessions they plan to join.
Saturday, April 30, 2016
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)
| Author | Paper Title | Discussant |
| Sonja West | The Press Clause and Speaker Discrimination | Samantha Barbas |
| Kiel Brennan-Marquez and Daniel Susser | The Big Chill | Paul Smith |
| Caroline Corbin | Government Employee Speech vs. Government Employee Religion: A Comparison | Tabatha Abu El-Haj |
| Heather M. Whitney & Robert Mark Simpson | Search Engines and Free Speech Coverage | Heidi Kitrosser |
11:00 am - 12:15 pm — Second Session (Breakout Session)
| Author | Paper Title | Discussant |
| Margot Kaminski | Privacy and the Right to Record | Andrea Matwyshyn |
| Brian Hutler | Hate Speech, Political Conversations, and Citizenship | Maggie McKinley |
| Mesenbet Assefa Tadeg | Contemporary Challenges to Free Speech in Illiberal Polities: the Case of Ethiopia and Thailand. | Thomas Healy |
| Claudia Haupt | Unprofessional Advice | Rod Smolla |
12:15 pm - 1:30 pm — Lunch (Dining Hall)
1:30 pm - 3:00 pm — Third Session (Plenary Panel) – First Amendment Theory and Coverage
| Author | Paper Title | Moderator |
| Jane Bambauer, Derek Bambauer | Information Libertarianism | Ash Bhagwat |
| Leslie Kendrick | Use Your Words | Ash Bhagwat |
| Amanda Shanor | At the Boundaries of Free Speech: A Theory of First Amendment Coverage | Ash Bhagwat |
| Morgan Weiland | Autonomy Extremism and the Digital Free Speech Crisis | Ash Bhagwat |
3:30 pm - 4:45 pm — Fourth Session (Breakout Session)
| Author | Paper Title | Discussant |
| Lyrissa Lidsky & Rachael Jones | Reclaiming the Fourth Estate | RonNell Anderson Jones |
| James Weinstein | Hate Speech Bans, Democracy, and Political Legitimacy | Clarissa Piterman Gross |
| Rebecca Tushnet | The First Amendment Walks Into a Bar: Trademark Registration and Free Speech | Deven Desai |
| Rod Smolla | Professional Speech | Claudia Haupt |
5:15 pm - 6:30 pm — Fifth Session (Breakout Session)
| Author | Paper Title | Discussant |
| Amy Gajda | The Right to be Forgotten in the United States | Lauren Scholz |
| Brian Soucek | Artistic Exemptions | BJ Ard |
| Enrique Armijo | Town of Gilbert: Relax Everybody | Derek Bambauer |
Sunday, May 1, 2016
8:30 am - 9:00 am — Breakfast
9:00 am - 10:15 am — Sixth Session (Breakout Session)
| Author | Paper Title | Discussant |
| Alexander Tsesis | Terrorist Speech on Social Media | Thomas Crocker |
| Helen Norton | Truth and Lies in the Workplace: Employer Speech and the First Amendment | Kerry Monroe |
| Urja Mittal | The Supreme Board of Sign Review: Reed and its Aftermath | Enrique Armijo |
10:45 am – 12:00 pm — Seventh Session (Breakout Session)
| Author | Paper Title | Discussant |
| David Pozen | Freedom of Information Beyond the Freedom of Information Act | Jonathan Manes |
| David Post & Annemarie Bridy | Sex Offenders, Anonymous Internet Speech, and the Constitution | Jonathan Hafetz |
| Chris Fei Shen | Asian Values and Internet Freedom | Jacob Rogers |
12:15 pm - 2:00 pm — Eighth Session (Lunchtime Plenary Panel) – Speech Regulation by Internet Intermediaries
| Author | Paper Title | Moderator |
| Molly Land | Human Rights and Private Governance of the Internet | Jack Balkin |
| Kate Klonick | From Constitution to Click-Worker-The Creation, Policy, and Process of Online Content Moderation | Jack Balkin |
| Emma Llanso & Rita Cant | "Internet Referral Units": Co-Option of Private Content Moderation Systems for Extralegal Government Censorship | Jack Balkin |
2:15 pm - 3:30 pm — Ninth Session (Breakout Session)
| Author | Paper Title | Discussant |
| Hannah Bloch-Wehba | A First Amendment Right of Access to Electronic Surveillance Orders | Andrew Selbst |
| Andrew Tutt | Choosing Between Approaches to First Amendment Interpretation | Vince Blasi |
| Victoria Baranetsky | Freedom of the Press and Encryption | David Thaw |
Participants:
| Floyd Abrams | Partner, Cahill Gordon & Reindel LLP |
| Tabatha Abu El-Haj | Associate Professor of Law, Drexel University Thomas R. Kline School of Law |
| BJ Ard | PhD Candidate and ISP Resident Fellow, Yale Law School |
| Enrique Armijo | Associate Professor of Law, Elon University School of Law |
| Jane Bambauer | Associate Professor of Law, University of Arizona College of Law |
| Derek Bambauer | Professor of Law, University of Arizona College of Law |
| Victoria Baranetsky | Digital Rights Counsel, Freedom of the Press Foundation |
| Samantha Barbas | Associate Professor of Law, University at Buffalo School of Law |
| Sandra Baron | Senior Fellow, Yale Law School |
| Christopher Beall | Partner, Levine Sullivan Koch & Schulz, LLP |
| Ashutosh Bhagwat | Martin Luther King, Jr. Professor of Law, UC Davis School of Law |
| Vincent Blasi | Corliss Lamont Professor of Civil Liberties, Columbia Law School |
| Marc Blitz | Alan Joseph Bennett Professor of Law, Oklahoma City University School of Law |
| Hannah Bloch-Wehba | Stanton Foundation National Security Fellow, Reporters Committee for Freedom of the Press |
| Kiel Brennan-Marquez | Postdoctoral Research Fellow, New York University School of Law |
| Annemarie Bridy | Professor of Law, University of Idaho College of Law |
| Rita Cant | Free Expression Legal Fellow, Center for Democracy and Technology |
| Ge Chen | Research Associate, Mercator Institute for China Studies |
| Caroline Mala Corbin | Professor of Law, University of Miami School of Law |
| Robert Mark Corn-Revere | Partner, Davis Wright Tremaine LLP |
| Thomas Crocker | Distinguished Professor of Law, University of South Carolina School of Law |
| Steve Crown | Vice President and Deputy General Counsel, Microsoft |
| Deven Desai | Associate Professor, Georgia Tech Scheller College of Business |
| Jonathan Donnellan | Vice President and Deputy General Counsel, Hearst |
| Amy Gajda | Professor of Law, Tulate University Law School |
| Clarissa Piterman Gross | Fox International Fellow, Yale University |
| Jonathan Hafetz | Associate Professor of Law, Seton Hall University School of Law |
| Claudia Haupt | Postdoctoral Researcher, Columbia Law School |
| Thomas Healy | Professor of Law, Seton Hall University School of Law |
| Brian Hutler | PhD Candidate, University of California at Los Angeles |
| Rachael Jones | Law Student, University of Florida Levin College of Law |
| RonNell Anderson Jones | Professor of Law, Brigham Young University Law School |
| Margot Kaminski | Assistant Professor of Law, The Ohio State University Moritz College of Law |
| Leslie Kendrick | Albert Clark Tate, Jr., Professor of Law, University of Virginia School of Law |
| Heidi Kitrosser | Professor of Law, University of Minnesota Law School |
| Kate Klonick | PhD Candidate and ISP Resident Fellow, Yale Law School |
| Craig Konnoth | Sharswood Fellow, University of Pennsylvania Law School |
| Joel Kurtzberg | Partner, Cahill Gordon & Reindel LLP |
| Molly Land | Professor of Law, University of Connecticut |
| Lyrissa Lidsky | Stephen C. O'Connell Professor of Law, University of Florida Levin College of Law |
| Emma Llanso | Director, Free Expression Project, Center for Democracy and Technology |
| Jonathan Manes | Abrams Clinical Fellow, Yale Law School |
| Andrea Matwyshyn | Professor of Law, Northeastern University School of Law |
| David McCraw | Assistant General Counsel, New York Times |
| Maggie McKinley | Climenko Fellow, Harvard Law School |
| Ashley Messenger | Senior Associate General Counsel, National Public Radio |
| Urja Mittal | Law Student, Yale Law School |
| Kerry Monroe | PhD Candidate and ISP Resident Fellow, Yale Law School |
| Helen Norton | Professor of Law, University of Colorado School of Law |
| Lynn Oberlander | General Counsel, Media Operations, First Look Media |
| David Post | Fellow / Adjunct Scholar, Center for Democracy and Technology / Cato Institute |
| David Pozen | Associate Professor of Law, Columbia Law School |
| Jacob Rogers | Legal Counsel, Wikimedia Foundation |
| Lee Rowland | Senior Staff Attorney, American Civil Liberties Union |
| Lauren Scholz | ISP Resident Fellow, Yale Law School |
| Andrew Selbst | Scholar in Residence, Electronic Privacy Information Center |
| Amy Semet | Postdoctoral Research Associate, Princeton University |
| Amanda Shanor | PhD Candidate and ISP Resident Fellow, Yale Law School |
| Chris' Fei Shen | Associate Professor of Media and Communication, City University of Hong Kong |
| Robert Mark Simpson | Lecturer in Philosophy, Monash University |
| Chuck Sims | Partner, Proskauer Rose LLP |
| Scott Skinner-Thompson | Acting Assistant Professor of Lawyering, New York University School of Law |
| Paul M. Smith | Partner, Jenner & Block LLP |
| Rod Smolla | Dean and Professor of Law, Delaware Law School |
| Brian Soucek | Acting Professor of Law, UC Davis School of Law |
| Daniel Susser | Assistant Professor of Philosophy, San Jose State University |
| Mesenbet Assefa Tadeg | PhD Candidate and Fellow, Irish Center for Human Rights, National University of Ireland, Galway |
| David Thaw | Assistant Professor of Law and Information Sciences, University of Pittsburgh School of Law |
| Alexander Tsesis | Professor of Law and Raymond and Mary Simon Chair in Constitutional Law, Loyola University Chicago School of Law |
| Rebecca Tushnet | Professor of Law, Georgetown University Law Center |
| Andrew Tutt | Attorney Advisor, U.S. Department of Justice |
| Morgan N. Weiland | PhD Candidate, Stanford University |
| James Weinstein | Amelia Lewis Professor of Constitutional Law, Arizona State University Sandra Day O'Connor College of Law |
| Sonja West | Associate Professor of Law, University of Georgia School of Law |
| Heather M. Whitney | Bigelow Teaching Fellow, University of Chicago Law School |
| Elana Zeide | Microsoft Research Fellow, New York University School of Law, Associate Professor of Law, University at Buffalo School of Law |