//  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: State Immunity Under The VRA + Adios, Easha :(

2/13/20  //  Commentary

On this week’s Versus Trump, Charlie and Jason discuss a dissenting opinion by a Trump-appointed judge arguing that states cannot be sued for violating the Voting Rights Act. They then say goodbye to Easha with a tribute to her thinking about Versus Trump law and litigation. Listen now!

Charlie Gerstein

Civil Rights Corps

Versus Trump: Vs. The Inaugural Committee, Plus Bolton Update

1/30/20  //  Commentary

On this week’s Versus Trump, Charlie and Jason look at a new lawsuit by D.C. claiming that Trump's inaugural committee overpaid for space at the Trump Hotel and thus "wasted" at least $1 million in charitable funds. Spoiler alert: the lawsuit seems convincing. Listen now!

Charlie Gerstein

Civil Rights Corps

Versus Trump: Who Are Presidential Electors?

1/25/20  //  In-Depth Analysis

On this week’s Versus Trump, Charlie and Easha take a deep dive into two recently granted Supreme Court cases that go to the heart of the systems that we use to elect the President. The discussion takes us deep into questions of political accountability, free choice, and constitutional history. A classic Versus Trump cat's-away-mice-will-play episode chock full of fun analysis of, among other things, Jason's work. Listen now! (I mean right now.)

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco