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Commercial Speech and the First Amendment
Date: Monday, June 13, 2016 - 8:45am to 2:30pm
Location: Davis Wright Tremaine LLP
1251 Avenue of the Americas, 21st Floor
New York, NY 10020-1104
Event description: From Yale Law School’s Floyd Abrams Institute for Freedom of Expression
COMMERCIAL SPEECH AND THE FIRST AMENDMENT
June 13, 2016 - 8:45 a.m. to 2:30 p.m.
Please join us for a conference on the commercial speech doctrine, its changing and varying definitions, the regulation and potential liabilities based upon it, and the potential impact of Sorrell and Reed, two Supreme Court decisions that challenge it. Discuss with us its impact on the content creation community, lawyer speech, food and drug and other areas of corporate speech
8:15-8:45 am: Registration and Coffee
8:45 -8:50 am: Welcome
Judge Alex Kozinski, U.S. Court of Appeals for the Ninth Circuit: Who’s Afraid of Commercial Speech 26 Years Later, in conversation with Ron Collins, Harold S. Shefelman Scholar, University of Washington, School of Law.
The Shifting Boundaries Between Commercial and Non-Commercial Speech
A look at the varying definitions of commercial speech, historical basis for the commercial speech doctrine, and the likely impact of the Supreme Court’s decisions in Sorrell v. IMS Health, Inc. and Reed v. Town of Gilbert.
Floyd Abrams, Partner, Cahill Gordon & Reindel LLP
Jack Balkin, Knight Professor of Constitutional Law and the First Amendment, Yale Law School
Tamara Piety, Phyllis Hurley Frey Professor of Law, University of Tulsa College of Law
Martin Redish, Louis and Harriet Ancel Professor of Law and Public Policy, Northwestern University School of Law
Moderator: Vince Blasi, Corliss Lamont Professor of Civil Liberties, Columbia Law School
11:15- 12:15 pm:
Commercial Speech: The Definition Matters
"Commercial speech" is a dividing line between free expression and potential multimillion dollar liabilities in many areas of law. A specific look at that divide in attorney, trademark, corporate-financial, and food and drug commentary.
Steven G. Brody, Morgan, Lewis & Bockius LLP
Denise Esposito, Covington & Burling and Former Chief of Staff to the Commissioner of the U.S. Food and Drug Administration (FDA)
Joshua M. King, Chief Legal Officer, Avvo, Inc.
Rebecca Tushnet, Professor of Law, Georgetown Law School
Moderators: Chris Beall, Levine Sullivan Koch & Schulz LLP and Bruce Johnson, Davis Wright Tremaine LLP
12:15-12:45 pm: Lunch
12:45- 1:45 pm:
Brand Journalism, Sponsored Content and the First Amendment:
Difficult issues involving rights of publicity, copyright fair use and consumer protection disclosures arise in the First Amendment No Man’s Land between obvious commercial advertising and editorial speech by traditional media. This panel examines the disparate jumble of legal tests and standards that apply when brands sponsor, influence or author news stories, features or commentary on matters of public concern and considers whether they can be harmonized with evolving commercial speech doctrine.
Deirdre Sullivan, The New York Times Company
Rick Kurnit, Frankfurt Kurnit Klein + Selz PC
Mary K. Engle, Federal Trade Commission, Associate Director, Division of Advertising Practices
Allison Lucas, BuzzFeed, General Counsel
Moderator: Scott Dailard, Cooley LLP
Strategic Issues: What questions are we asking now? Where is the law going?
An all room discussion on the strategic issues that should be raised in litigation concerning commercial speech and the First Amendment.
Moderator: Timothy L. Alger, Greenberg Traurig LLP
Sponsors: We want to thank the sponsors of this Conference: Avvo Inc., Cooley LLP, Davis Wright Tremaine LLP, Frankfurt Kurnit Klein & Selz PC, Greenberg Traurig LLP, and Levine Sullivan Koch & Schulz, LLP
Venue: Davis Wright Tremaine LLP, 1251 Avenue of the Americas, 21st Floor
New York, New York 10020-1104
CLE: Application for New York accreditation of this program is currently pending.