918 F St NW
Washington, DC 20004
New Questions of Liberty and Power in Historical Context
June 30, 20252025 Freedom of Thought Conference
New Questions of Liberty and Power in Historical Context
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Monday, June 30, 2025
National Union Building
918 F St NW,
Washington, DC 20004
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Luncheon Fireside Chat
Hon. Jonathan Skrmetti,
Attorney General & Reporter,
State of Tennessee
(Moderator) Hon. Sarah Keeton Campbell,
Supreme Court of the State of Tennessee
Welcome
9:00 a.m.-9:05 a.m.
Panel 1: Speech and Censorship in the Age of Algorithms
9:05 a.m. – 10:35 a.m.
Panel 2: TikTok and the Constitution: Who Has Free Speech Rights?
10:45 a.m. – 12:15 p.m.
Lunch
12:15 p.m. – 12:45 p.m.
Fireside Chat with AG Jonathan Skrmetti & Justice Sarah Campbell
12:45 p.m. – 1:45 p.m.
Panel 3: Economic Liberty and Human Flourishing: Lessons from the Common Law
2:00 p.m. – 3:30 p.m.
Panel 4: Platforms, Common Carriage, and the Future of Free Expression
3:45 p.m. – 5:15 p.m.
Closing Reception
5:15 p.m. – 6:15 p.m.
Speakers:
Cost:
CLE:
Click the button below for more information regarding CLE being offered at this event.
Press:
PRESS: Please email Peter Robbio ([email protected]) to register.
Registration Notes:
No refunds for this event will be issued after Friday, June 27, 2025.
Registration for this event will close at or around noon (12:00 E.T.) Friday, June 27, 2025.
All attendees may be required to present identification for admission.
Back to topAs government actors and private litigants seek to regulate AI, social media, online obscenity, and algorithmic influence, the boundaries of free speech doctrine are once again being tested. Critics of regulation invoke the Free Speech Clause and protections like Section 230, warning of governmental overreach. Others argue new technologies create new harms that require legal intervention. How do these challenges align—or conflict—with the original understanding of the First Amendment? And are modern speech doctrines equipped to address 21st-century innovations?
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TikTok Inc. v. Garland has reignited fundamental questions: Is the First Amendment reserved for citizens, or does it also extend to non-citizens and foreign corporations? Do corporations have speech rights equal to natural persons? Do closely held entities enjoy different protections than publicly traded firms? And how should we understand the First Amendment’s protections for “the press” in an era of influencers, platforms, and decentralized media? This panel will examine the evolving identity of the speaker—from individuals to institutions—through constitutional text, Founding-era context, and Supreme Court precedent.
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Is economic regulation a necessary restraint on power, or a threat to individual opportunity? This panel will explore the longstanding debate over whether liberty in commerce enhances or undermines broader human flourishing. Panelists will assess the roots of this debate in the common law, examining how courts historically balanced freedom of contract and trade with concerns about monopolies, labor, and the public interest. What do these historical insights suggest about today’s regulatory state, and how should we think about economic liberty as a constitutional value?
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At the heart of the NetChoice litigation is a clash between competing legal visions: Are digital platforms like Facebook and X more like common carriers—obligated to host all viewpoints—or publishers with protected editorial discretion? Common law traditions imposed neutrality obligations on carriers of messages. But under modern First Amendment doctrine, editorial choices are themselves protected speech. Add to this Section 230’s immunity framework, and courts face a complex puzzle: When must platforms carry speech, and when can they choose not to? This panel will trace the historical roots of common carriage, unpack relevant legal precedents, and debate whether current doctrines preserve—or distort—the constitutional architecture of free speech.
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