//  2/28/18  //  Latest Developments

A growing chorus of judges, lawyers, and journalists have called attention to a “Lochnerian” turn in First Amendment doctrine, as the federal courts have increasingly invalidated or narrowed regulations of socio-economic power in the name of free speech or the free exercise of religion. While many legal scholars have offered criticisms of First Amendment Lochnerism—the use of the First Amendment to entrench social and economic hierarchy—there have been few efforts to describe or defend the alternative: a First Amendment that would advance, rather than obstruct or remain indifferent to, the pursuit of social and economic equality. There has likewise been very little commentary connecting First Amendment Lochnerism to broader changes in the institutional landscape of free expression, including the proliferation of private platforms that facilitate and filter public debate.

In response, the Columbia Law Review is convening a day of debate, discussion, and reflection by leading legal scholars. In asking where the First Amendment goes from here, this symposium aims to break down barriers between different scholarly subfields—connecting high-level questions about the First Amendment’s meaning and function with emerging problems in areas such as Internet law, media law, labor law, antidiscrimination law, campaign finance law, and commercial speech. More fundamentally, it aims to move First Amendment theory and practice away from critiques of past judicial rulings and toward the more affirmative project of redesigning the law of free expression for a present and future of mounting economic inequality and authoritarian challenges to democratic norms. The conversation will center around seven original works of scholarship, to appear in the November 2018 issue of the Columbia Law Review, that take up this challenge, whether enthusiastically or critically.

This event is co-sponsored by the Knight First Amendment Institute and the Center for Constitutional Governance

Details:

Friday, March 23, 2018, 8:30 am–5:15 pm, reception to follow
Jerome Greene Hall Room 101
435 West 116th Street, New York, New York 10027


Versus Trump: Mueller-ing Things Over

3/28/19  //  Commentary

The Mueller Report is kinda, sorta here, so, on this week's episode of Versus Trump, Charlie and Jason analyze the Barr summary and then dive into the legal troubles of famous Trump antagonist Michael Avenatti. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

The Two Sides of Donald Trump in The @RealDonaldTrump Litigation

3/25/19  //  Commentary

The government’s brief is at war with itself with respect to the state action and government speech doctrines in the @realdonaldtrump litigation.

Kyle Skinner

Harvard Law School

Leah Litman

U.C. Irvine School of Law

Versus Trump: 100!

3/21/19  //  Commentary

On this week's 100th episode of Versus Trump, Charlie, Easha, and Jason offer a few quick hits and then have a discussion about the effect of litigation against the President personally and against the Administration. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps