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