The Mayflower Hotel
1127 Connecticut Ave NW
Washington, DC 20036
1127 Connecticut Ave NW
Washington, DC 20036
REGISTRATION IS NOW CLOSED.
We will not be accepting walk-ins.
Freedom of Thought Conference
State Power Review:
Considering the Role of States in
Preserving Freedom
Wednesday, June 28, 2023
9:00 AM - 6:15 PM EST
Where:
The Mayflower Hotel
1127 Connecticut Ave NW
Washington, DC 20036
When:
Wednesday, June 28th, 2023
9:00 AM – 6:15 PM EST
Cost:
Conference Only - Free
Conference & CLE (Members) - $50
Conference & CLE (Non-Members) - $100
Panels:
Panel 1
When Twitter Speaks: Control, Access, and the Role of States: Texas and Florida both recently adopted statutes that regulate content moderation by social media platforms. The statutes have been challenged in the Fifth and Eleventh Circuits, raising questions of how to balance the dominant communication networks’ right to exclude users and control their networks against the ability of states to require non-discriminatory treatment. To what extent is content moderation speech or expressive conduct, how should the states’ power to regulate common carriers affect the constitutional analysis, and how is the Supreme Court likely to resolve these questions?
This panel will focus on the disagreement within the right we see in the competing analytical approaches from the Fifth and Eleventh Circuits.
Panel 2
Corporate Power and State Power: Structural Protections for Liberty: We recognize the dangers of public power and are familiar with how structural protections of the Constitution can protect against concentrations of power. But as banking and other institutions align to shape firm behavior on contentious policy questions, should we be concerned that private economic power is creating private regulatory order outside of the democratic process? And if so, should states be engaged in countering such concentrations of private power?
Panel 3
Corporate Speech and the First Amendment: How does the First Amendment apply to corporations? Do First Amendment interests and protections apply in the same way for non-profit corporations, closely held corporations, corporations formed for expressive purposes, and publicly traded for-profit corporations? What was the founding era understanding of corporate rights and of state power to protect individual rights, and how might that inform our thinking on state efforts to protect speech and conscience freedoms of employees and other private citizens?This panel will explore the diversity of opinion on the right about corporate speech.
Panel 4
Academic Freedom in Higher Education: The Role of States Defending Freedom of Thought: What policies and practices can states adopt to encourage freedom of thought within higher education? Do state efforts to put constraints on curricula, bar DEI-focused administrators, and limit faculty control of tenure decisions advance or hinder the cause of academic freedom? When claims to academic freedom collide, whose freedoms should the state preserve?
Confirmed Speakers:
- Ryan Newman, General Counsel, Executive Office of the Governor, State of Florida
- James Burnham
- Ryan Baasch, Assistant Solicitor General, Texas Office of the Attorney General
- Mark Bauerlein, Emeritus Professor and Editor, Emory University and First Things magazine
- Jon Berry, Managing Partner, Boyden Gray & Associates
- Jim Campbell, Chief Legal Counsel, Alliance Defending Freedom
- Prof. Adam Candeub, Professor of Law & Director of the Intellectual Property, Information & Communications Law Program, Michigan State University College of Law
- Hon. Rohit Chopra, Director, Consumer Financial Protection Bureau
- Joe Cohn, Legislative and Policy Director, FIRE
- Andrew Ferguson, Solicitor General, Commonwealth of Virginia
- Alexandra Gaiser, Director of Regulatory Affairs, River Financial
- T. Elliot Gaiser, Associate, Jones Day
- Alan Gura, Vice President for Litigation, Institute for Free Speech
- Prof. John Hasnas, Professor of Business and Professor of Law (by courtesy) | Executive Director, Georgetown Institute for the Study of Markets and Ethics McDonough School of Business, Georgetown University
- Erika Maley, Principal Deputy Solicitor General, Commonwealth of Virginia
- Casey Mattox, Vice President for Legal and Judicial Strategy, Americans for Prosperity
- Doha Mekki, Principal Deputy Assistant Attorney General, U.S. Department of Justice
- Ray Treadwell, Chief Deputy General Counsel, Executive Office of the Governor, State of Florida
- Jonathan D. Urick, Associate Chief Counsel, U.S. Chamber of Commerce Litigation Center
Confirmed Moderators:
- Hon. Lisa Branch, Judge, United States Court of Appeals, Eleventh Circuit
- Hon. Kyle Duncan, Judge, United States Court of Appeals, Fifth Circuit
- Hon. Paul B. Matey, Judge, United States Court of Appeals, Third Circuit
- Hon. Chad A. Readler, Judge, United States Court of Appeals, Sixth Circuit
Register at the link above.
Back to top
9:00 a.m. - 10:30 a.m.
Panel 1: When Twitter Speaks: Control, Access, and the Role of States
State Power Review Conference
Palm Court
The Mayflower Hotel
1127 Connecticut Ave NW
Washington, DC 20036
The Mayflower Hotel
1127 Connecticut Ave NW
Washington, DC 20036
Event Video
Description
Texas and Florida both recently adopted statutes that regulate content moderation by social media platforms. The statutes have been challenged in the Fifth and Eleventh Circuits, raising questions of how to balance the dominant communication networks’ right to exclude users and control their networks against the ability of states to require non-discriminatory treatment. To what extent is content moderation speech or expressive conduct, how should the states’ power to regulate common carriers affect the constitutional analysis, and how is the Supreme Court likely to resolve these questions?
This panel will focus on the disagreement within the right we see in the competing analytical approaches from the Fifth and Eleventh Circuits.
Featuring:
- Ryan Baasch, Assistant Solicitor General, Texas Office of the Attorney General
- Alan Gura, Vice President for Litigation, Institute for Free Speech
- Ray Treadwell, Chief Deputy General Counsel, Executive Office of the Governor, State of Florida
- Jonathan D. Urick, Associate Chief Counsel, U.S. Chamber of Commerce Litigation Cente
- Moderator: Hon. Chad A. Readler, Judge, United States Court of Appeals, Sixth Circuit
Speakers
10:45 a.m. - 12:15 p.m.
Panel 2: Corporate Power and State Power: Structural Protections for Liberty
State Power Review Conference
Palm Court
Palm Court
Palm Court
Event Video
Description
We recognize the dangers of public power and are familiar with how structural protections of the Constitution can protect against concentrations of power. But as banking and other institutions align to shape firm behavior on contentious policy questions, should we be concerned that private economic power is creating private regulatory order outside of the democratic process? And if so, should states be engaged in countering such concentrations of private power?
Featuring:
- Jonathan Berry, Managing Partner, Boyden Gray & Associates
- Rohit Chopra, Director, Consumer Financial Protection Bureau
- Alexandra Gaiser, Director of Regulatory Affairs, River Financial
- Erika Maley, Principal Deputy Solicitor General, Commonwealth of Virginia
- Doha Mekki, Principal Deputy Assistant Attorney General, U.S. Department of Justice
- Moderator: Hon. Paul B. Matey, Judge, United States Court of Appeals, Third Circuit
Speakers
12:30 p.m. - 1:00 p.m.
Lunch
State Power Review Conference
East Room
The Mayflower Hotel
1127 Connecticut Ave NW
Washington, DC 20036
The Mayflower Hotel
1127 Connecticut Ave NW
Washington, DC 20036
1:00 p.m. - 1:45 p.m.
Fireside Chat: Corporate Power and the Rule of Law
State Power Review Conference
East Room
The Mayflower Hotel
1127 Connecticut Ave NW
Washington, DC 20036
The Mayflower Hotel
1127 Connecticut Ave NW
Washington, DC 20036
Event Video
Description
Featuring:
- Ryan Dean Newman, General Counsel, Governor of Florida Ron Desantis
- James Burnham
Speakers
2:00 p.m. - 3:30 p.m.
Panel 3: Corporate Speech and the First Amendment
State Power Review Conference
Palm Court
The Mayflower Hotel
1127 Connecticut Ave NW
Washington, DC 20036
The Mayflower Hotel
1127 Connecticut Ave NW
Washington, DC 20036
Event Video
Description
How does the First Amendment apply to corporations? Do First Amendment interests and protections apply in the same way for non-profit corporations, closely held corporations, corporations formed for expressive purposes, and publicly traded for-profit corporations? What was the founding era understanding of corporate rights and of state power to protect individual rights, and how might that inform our thinking on state efforts to protect speech and conscience freedoms of employees and other private citizens?
Featuring:
- Jim Campbell, Chief Legal Counsel, Alliance Defending Freedom
- Prof. Adam Candeub, Professor of Law & Director of the Intellectual Property, Information & Communications Law Program, Michigan State University
- Elliot Gaiser, Associate, Jones Day
- Casey Mattox, Vice President for Legal and Judicial Strategy, Americans for Prosperity
- Moderator: Hon. Lisa Branch, Judge, United States Court of Appeals, Eleventh Circuit
Speakers
3:45 p.m. - 5:15 p.m.
Panel 4: Academic Freedom in Higher Education: The Role of States Defending Freedom of Thought
State Power Review Conference
Palm Court
The Mayflower Hotel
1127 Connecticut Ave NW
Washington, DC 20036
The Mayflower Hotel
1127 Connecticut Ave NW
Washington, DC 20036
Event Video
Description
What policies and practices can states adopt to encourage freedom of thought within higher education? Do state efforts to put constraints on curricula, bar DEI-focused administrators, and limit faculty control of tenure decisions advance or hinder the cause of academic freedom? When claims to academic freedom collide, whose freedoms should the state preserve?
Featuring:
- Mark Bauerlein, Emeritus Professor and Editor, Emory University and First Things magazine
- Joe Cohn, Legislative and Policy Director, FIRE
- Andrew Ferguson, Solicitor General of Virginia
- Prof. John Hasnas, Professor of Business and Professor of Law (by courtesy) | Executive Director, Georgetown Institute for the Study of Markets and Ethics McDonough School of Business, Georgetown University
- Moderator: Hon. Kyle Duncan, Judge, United States Court of Appeals, Fifth Circuit
Speakers
5:15 p.m. - 6:15 p.m.
Closing Reception
State Power Review Conference
The Mayflower Hotel
1127 Connecticut Ave NW
Washington, DC 20036
1127 Connecticut Ave NW
Washington, DC 20036