//  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


A Lone Star Bail-in?

2/14/19  //  Commentary

Key takeaways from the briefs in the ongoing litigation to "bail-in" Texas under Section 3(c) of the Voting Rights Act

Travis Crum

University of Chicago

The Civil Rights Division Bails Out of Bail-In in Texas

2/8/19  //  In-Depth Analysis

Career attorneys at DOJ rightly refused to sign a deeply flawed brief arguing that Texas should be let off the hook for its repeated intentional efforts to minimize the voting power of its minority population

Justin Levitt

Loyola Law School

Versus Trump: Ask Charlie About The Census

1/25/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Jason asks Charlie to take us through the mammothly long, massively important opinion from the Southern District of New York invalidating the proposed citizenship question on the 2020 Census. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens