Columbia Law School
435 W 116th St
New York, NY 10027
435 W 116th St
New York, NY 10027
The Columbia Law School Federalist Society's Student Chapter hosted the 36th National Student Symposium on March 3-4, 2017. The topic of the Symposium was "The First Amendment in Contemporary Society".
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6:30 p.m. - 8:00 p.m.
Panel 1: Privacy and Freedom of the Press
2017 National Student Symposium
| Topics: | Constitution • First Amendment • Free Speech & Election Law |
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Jerome Greene Hall 104
Columbia Law School
435 W 116th St
New York, NY 10027
Columbia Law School
435 W 116th St
New York, NY 10027
Event Video
Description
The Internet has made information not only much more accessible, it has allowed almost anyone to be a provider of such information.
This has not been without consequence: the refusal to take down an obscene video led to an eye-popping $140 million jury verdict and the subsequent collapse of Gawker Media. Personal e-mails or national secrets can quickly turn into political ammunition through the amplification of Wikileaks. A wide range of individuals, from Dan Rather to former President Barack Obama, have criticized the spread of misinformation. They claim false information is being dressed up as legitimate online journalism with the intent to deceive and misinform. Technology CEOs have felt the pressure. For example, Facebook CEO Mark Zuckerberg is devoting considerable resources to developing methods to regulate speech on his platform— probably the most significant in the world. But, as Zuckerberg himself said, “identifying 'the truth' is complicated."
This panel will explore this new reality and whether it necessitates new regulation. Will any effort be imprecise, such that protected speech will necessarily be silenced? Does such regulation go against the principles enshrined in the First Amendment?
This panel was presented at the 2017 National Student Symposium on Friday, March 3, 2017, at Columbia Law School in New York City, New York.
Featuring:
- Prof. Richard Epstein, Laurence A. Tisch Professor of Law, New York University School of Law
- Prof. Irina Manta, Professor of Law and Director of the Center for Intellectual Property Law, Maurice A. Deane School of Law at Hofstra University
- Mr. Jameel Jaffer, Director of the Knight First Amendment Institute at Columbia University
- Prof. Steve Coll, Dean & Henry R. Luce Professor of Journalism, Columbia Journalism School; Staff Writer, The New Yorker
- Moderator: Hon. Reena Raggi, Circuit Judge, US Court of Appeals for the Second Circuit
- Opening: Dean Gillian Lester, Dean and Lucy G. Moses Professor of Law, Columbia Law School
Speakers
8:30 p.m. - 10:00 p.m.
Cocktail & Networking Reception
2017 National Student Symposium
Law Library
Columbia Law School
435 W 116th St
New York, NY 10027
Columbia Law School
435 W 116th St
New York, NY 10027
9:30 a.m. - 11:00 a.m.
Panel 2: Campaign Finance and Free Speech
2017 National Student Symposium
| Topics: | Campaign Finance • Constitution • First Amendment • Free Speech & Election Law |
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Jerome Greene Hall 104
Columbia Law School
435 W 116th St
New York, NY 10027
Columbia Law School
435 W 116th St
New York, NY 10027
Event Video
Description
Congress' passage of the Bipartisan Campaign Reform Act of 2002 did not end the debate on campaign finance. Instead, it arguably created more legal questions than it did answers.
The Act's passage quickly unleashed subsequent litigation, resulting in a number of Supreme Court decisions directly related to the BCRA and, more broadly, to general laws regulating campaign finance. These recent Supreme Court cases, including the much-discussed Citizens United decision, struck down many campaign regulations on the grounds that they infringe upon individuals' First Amendment rights. Some have charged that decisions like these have increased the influence of a privileged few in our political system. Others have argued that these decisions are not only doctrinally correct, but the prudential fears many have expressed have not been borne out.
Still, Americans remain discontented with the current campaign finance regime. According to a New York Times/CBS News poll in 2015, 46% of respondents agree that the country needs to completely rebuild its campaign finance system, while 39% believed it requires fundamental change. Today, groups and individuals continue to fight limits on political contributions, and restrictions on political speech, while others push for stricter regulations.
This panel will weigh in on whether decisions like Citizens United are correct as a matter of law, and if they are desirable from a policy perspective. The panel will also discuss the jurisprudential foundations of Citizens United—including the landmark case of Buckley v. Valeo—and where future fights over campaign finance regulations are likely to occur.
This panel was presented at the 2017 National Student Symposium on Saturday, March 4, 2017, at Columbia Law School in New York City, New York.
Featuring:
- Prof. Brad Smith, Josiah H. Blackmore II/Shirley M. Nault Professor of Law, Capital University Law School; Former FEC Commissioner
- Prof. Richard Pildes, Sudler Family Professor of Constitutional Law, New York University School of Law
- Prof. John O. McGinnis, George C. Dix Professor in Constitutional Law, Northwestern University School of Law
- Prof. Ciara Torres-Spelliscy, Fellow, Brennan Center for Justice; Associate Professor of Law, Stetson University College of Law
- Moderator: Hon. Richard J. Sullivan, U.S. District Judge for the Southern District of New York
Speakers
11:15 a.m. - 12:30 p.m.
Debate: ABA Model Rule 8.4
2017 National Student Symposium
| Topics: | Constitution • First Amendment • Professional Responsibility & Legal Education • Free Speech & Election Law |
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Jerome Greene Hall 104
Columbia Law School
435 W 116th St
New York, NY 10027
Columbia Law School
435 W 116th St
New York, NY 10027
Event Video
Description
In August 2016, the American Bar Association (ABA) added new anti-discrimination guidelines for lawyers to its Model Rules of Professional Conduct through section 8.4. This section now binds lawyers to adhere to particular speech codes in the many states that have adopted it.
The provision labels engagement “in conduct that [a] lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law." The ABA has defined discrimination and harassment to include “harmful verbal or physical conduct that manifests bias or prejudice towards others. Harassment includes sexual harassment and derogatory or demeaning verbal or physical conduct. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other unwelcome verbal or physical conduct of a sexual nature." The conduct guidelines extend to “the practice of law," including, “representing clients; interacting with witnesses, coworkers, court personnel, lawyers and other while engaged in the practice of law; operating or managing a law firm or law practice; and participating in bar association, business or social activities in connection with the practice of law."
Some have described this section as infringing on the rights on lawyers to speak their mind, while others have argued it is necessary to prevent discrimination within the profession. This debate will discuss the implications of Model Rules of Professional Conduct 8.4 and its impact on workplace discrimination and lawyers' rights.
This debate was presented at the 2017 National Student Symposium on Saturday, March 4, 2017, at Columbia Law School in New York City, New York.
Featuring:
- Prof. Eugene Volokh, Gary T. Schwartz Professor of Law, UCLA School of Law
- Mr. Robert N. Weiner, Partner, Arnold & Porter Kaye Scholer LLP
- Moderator: Hon. Lavenski Smith, U.S. Court of Appeals, 8th Circuit
Speakers
12:30 p.m. - 2:00 p.m.
Lunch
2017 National Student Symposium
Lenfest Cafe
Columbia Law School
435 W 116th St
New York, NY 10027
Columbia Law School
435 W 116th St
New York, NY 10027
12:45 p.m. - 1:45 p.m.
Lunch Discussion: The Lawyers Division
2017 National Student Symposium
Jerome Green Hall 103
Columbia Law School
435 W 116th St
New York, NY 10027
Columbia Law School
435 W 116th St
New York, NY 10027
12:45 p.m. - 1:45 p.m.
Lunch Discussion: Becoming an Academic
2017 National Student Symposium
Jerome Greene Hall 104
Columbia Law School
435 W 116th St
New York, NY 10027
Columbia Law School
435 W 116th St
New York, NY 10027
Description
Featuring:
- Prof. William Baude, Neubauer Family Assistant Professor of Law, University of Chicago Law School
- Prof. Thomas Merrill, Charles Evans Hughes Professor of Law, Columbia Law School
- Hon. Lee Liberman Otis, Senior Vice President & Director, Faculty Division, The Federalist Society
- Prof. Eugene Volokh, Gary T. Schwartz Professor of Law, UCLA School of Law
- Moderator: Hon. Debra Livingston, U.S. Court of Appeals for the Second Circuit
Speakers
2:00 p.m. - 3:45 p.m.
Panel 3: Religious Liberty after the USCCR Report
2017 National Student Symposium
| Topics: | Religious Liberty • Religious Liberties |
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Jerome Greene Hall 104
Columbia Law School
435 W 116th St
New York, NY 10027
Columbia Law School
435 W 116th St
New York, NY 10027
Event Video
Description
In September, 2016, the United States Commission on Civil Rights released a report entitled Peaceful Coexistence: Reconciling Nondiscrimination Principles with Civil Liberties. In the report, the USCCR concluded that religious exercise is in tension with individual rights of certain subsections of the American population. It then went on to make a number of recommendations that suggest that that religious exercise must give way to civil rights protections when the two come into conflict:
- Narrow Tailoring of Religious Exceptions: Federal and state courts, lawmakers, and policy-makers at every level must tailor religious exceptions to civil liberties and civil rights protections as narrowly as applicable law requires.
- Protections of Beliefs Over Conduct: The recognition of religious exemptions to nondiscrimination laws and policies should be made pursuant to the holdings of Employment Division v. Smith, which protect religious beliefs rather than conduct.
- Amending the Religious Freedoms Restoration Act (“RFRA") (and State equivalents): Federal legislation should be considered to clarify that RFRA creates First Amendment Free Exercise Clause rights only for individuals and religious institutions and only to the extent that they do not unduly burden civil liberties and civil rights protections against status-based discrimination. States with laws similar to RFRA should similarly amend their laws.
This panel will first explore whether the USSCR Report is correct that there is, in fact, an irreconcilable tension between religious liberty and civil liberties. And second, if there is a conflict between religious liberty and civil liberties, the panel will debate whether the recommendation by USCCR to limit religious exemptions is the best way to navigate such conflict.
This panel was presented at the 2017 National Student Symposium on Saturday, March 4, 2017, at Columbia Law School in New York City, New York.
Featuring:
- Prof. Bill Marshall, Kenan Professor of Law, University of North Carolina
- Prof. Michael Paulsen, Distinguished University Chair and Professor, University of St. Thomas
- Prof. Marci Hamilton, Fox Family Pavilion Distinguished Scholar, University of Pennsylvania
- Prof. Douglas Laycock, Robert E. Scott Distinguished Professor of Law; University of Virginia Law School; Professor of Religious Studies, University of Virginia
- Moderator: Hon. William H. Pryor, Jr. U.S. Court of Appeals, 11th Circuit
Speakers
4:00 p.m. - 5:45 p.m.
Panel 4: Universities and the First Amendment
2017 National Student Symposium
| Topics: | Constitution • Education Policy • First Amendment • Free Speech & Election Law |
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Jerome Greene Hall 104
Columbia Law School
435 W 116th St
New York, NY 10027
Columbia Law School
435 W 116th St
New York, NY 10027
Event Video
Description
Universities have long been thought of, and cherished, as places for the free exchange of ideas. This idea has, however, come under pressure. Student groups have now routinely exercised pressure to keep people who they disagree with off campus. And safe spaces and trigger warnings—which limit speech that some have deemed offensive—have become regular features at universities across the nation.
Many see the climate of shouting-down or protesting the expression of others' viewpoints as the symbolic beginning of an era limiting the freedom of speech on college campuses. While surveys seem to show a majority of students disagree with universities curtailing speech, even when it is offensive, vocal minorities with opposing views have been the ones capturing news headlines and the attention of the public at large.
With the accessibility to speech provided by the internet and viral sharing of information, expression and speech spread with more ease than ever, but this same technology creates opportunities for back-lash on social media and gives a larger stage to those who would threaten the free market of ideas at our nation's universities.
The First Amendment protects principles which have always required vigilance to maintain, and today's world makes no exception. This panel will explore how these developments have affected intellectual discourse on campus and if they are conducive to a meaningful learning experience at our universities.
This panel was presented at the 2017 National Student Symposium on Saturday, March 4, 2017, at Columbia Law School in New York City, New York.
Featuring:
- Prof. Robert Post, Dean and Sol & Lillian Goldman Professor of Law, Yale Law School
- Prof. Phillip Hamburger, Maurice and Hilda Friedman Professor of Law, Columbia Law School
- Prof. Suzanne Goldberg, Executive Vice President for University Life, Columbia University; Herbert and Doris Wechsler Clinical Professor of Law, Columbia Law School
- Prof. Michael McConnell, Richard and Frances Mallery Professor of Law; Director, Constitutional Law Center; Senior Fellow, Hoover Institution
- Moderator: Hon. Thomas Hardiman, U.S. Court of Appeals, Third Circuit
Speakers
6:00 p.m. - 7:00 p.m.
Cocktail Reception
2017 National Student Symposium
Lerner Hall, North Lobby
Columbia Law School
435 W 116th St
New York, NY 10027
Columbia Law School
435 W 116th St
New York, NY 10027
7:00 p.m. - 10:00 p.m.
Banquet Keynote Address by Richard Epstein
2017 National Student Symposium
| Topics: | Constitution • Federalist Society • First Amendment • Free Speech & Election Law |
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Lerner Hall, Roone Arledge Auditorium
Columbia Law School
435 W 116th St
New York, NY 10027
Columbia Law School
435 W 116th St
New York, NY 10027
Event Video
Description
Professor Richard Epstein delivered the keynote address titled "A common lawyer looks at the constitutional protection for freedom of speech" during the 2017 National Student Symposium at Columbia Law School on Saturday, March 4, 2017.
The theme of this talk is what happens if we think about freedom of speech as an ideal, without any of the standard constitutional glosses—strict scrutiny, purposive interpretations—and then how does it play out. It does differ from the current law, quite radically on some key question that lie at the border line between tortious actions and free speech: offensive behavior, intentional infliction of emotional distress, defamation, deceit, coercion and the like. The answers sometimes overlap and sometimes differ, and I hope to explain why the common law approach is superior.
Featuring:
- Keynote: Prof. Richard Epstein, Laurence A. Tisch Professor of Law, New York University School of Law
- Introduction: Mr. Shiva H. Logarajah, Symposium Chair, Columbia Law School Student Chapter
