The Free Speech Crisis
Chicago-Kent Student Chapter
Chicago-Kent College of Law525 W Adams Street
Chicago, IL 60661
Here are the latest events.
Vice President for Legal Strategy, Stand Together
Casey Mattox is Vice President for Legal Strategy at Stand Together and Senior Advisor at
Americans for Prosperity. In these roles he advocates for and creates strategies and
partnerships to ensure a constitutionally limited government that protects the civil liberties of all
Americans. Prior to joining Stand Together and AFP Casey’s legal career focused on defending
the First Amendment rights of students, faculty, healthcare workers and religious organizations.
Casey has a J.D. from Boston College School of Law and an undergraduate degree from the
University of Virginia. You can find him on Twitter at @CaseyMattox_ and on LinkedIn at
@Casey-Mattox-ST.
Senior Attorney, National Taxpayers Union Foundation
Tyler Martinez is a Senior Attorney at the Taxpayer Defense Center, the strategic litigation arm of National Taxpayers Union Foundation. He has experience setting up nonprofit public interest arms for multiple organizations in the Washington, DC area and thus has experience in First Amendment, Tax, and Administrative Law. He has practiced strategic litigation against government overreach since 2011, handling federal and state cases across the country.
Tyler’s interest in strategic public interest work and in tax law comes down to the simple principle: getting the government out of people’s business. Transparency is for the government, but privacy is for the people. He finds and focuses on examples of government overreach particularly those involving use of private information, dragnet data collection, and other attacks on privacy of association.
Tyler earned his Juris Doctor from the University of Colorado Law School, while winning accolades for his advocacy skills and serving as Executive Editor of the Journal on Telecommunications and High Technology Law. He is licensed to practice law in Colorado and the District of Columbia. He is further admitted to the bars of the following federal courts: Supreme Court of the United States, D.C. Circuit, First Circuit, Second Circuit, Third Circuit, Fourth Circuit, Fifth Circuit, Eighth Circuit, Tenth Circuit, and various federal district courts across the country.
Senior Attorney, Institute for Justice
Erica Smith is a senior attorney with the Institute for Justice. She joined IJ in August 2011 and litigates cutting-edge constitutional cases protecting economic liberty, school choice, and free speech in federal and state courts.
Erica’s economic liberty work has a special focus on “food freedom.” Erica won Wisconsin home bakers the constitutional right to legally sell their goods in Kivirist v. Wisconsin Department of Agriculture. As a result, hundreds of home bakers across the state can now sell their cookies, cakes, and muffins without fear of fines or jail time. Erica also successfully defended the rights of home bakers and canners to fight against Minnesota’s arbitrary restrictions on selling their goods in Astramecki v. Minnesota Department of Agriculture. Erica is currently suing New Jersey—the last state to have a ban on selling homemade food. Erica’s legislative activities have also helped change the homemade food laws of several states.
Erica’s educational choice work gives parents the opportunity to guide the education of their children. She was the lead attorney representing families in Asociación de Maestros v. Departamento de Educación, where she persuaded the Puerto Rico Supreme Court to reject a teachers union’s challenge to the Commonwealth’s new voucher program. Erica was also part of the winning teams that protected both Georgia and New Hampshire’s tax-credit scholarship programs at the state supreme courts in Gaddy v. Georgia Department of Revenue and Duncan v. State of New Hampshire. She is currently fighting to protect Montana’s school choice program at the U.S. Supreme Court. In addition, Erica testifies as to the constitutionality of other educational choice programs across the country.
Erica’s free speech work includes her successful defense of a family’s right to use signs to advertise its gym in Fears v. City of Sacramento. She was part of the team that successfully defended Central Radio Company’s right to protest the illegal taking of its land in Central Radio Co. v. City of Norfolk. Most recently, Erica won the right of a family-owned video game store to advertise using a 9-foot inflatable Mario in Fisher v. Town of Orange Park.
Erica has appeared on CBS Sunday Morning, CBS This Morning, and Fox & Friends, and her writing has been published in the Washington Times, New York Post, Times-Free Press, The Virginian-Pilot, National Law Journal, and Federalist Society Review. She has also been quoted in media outlets across the nation, including the New York Times and Washington Post.
Before joining IJ, Erica served as a law clerk for the Honorable Terrence Boyle of the U.S. District Court for the Eastern District of North Carolina.
Erica received her law degree cum laude from the University of Pennsylvania Law School in 2010. Erica received her undergraduate degree summa cum laude from Stony Brook University’s Honors College in 2007, where she studied literature and journalism.
Judge, United States Court of Appeals, Tenth Circuit
Judge Tymkovich, of Denver, Colorado, was nominated to the Tenth Circuit Court of Appeals by President George W. Bush, and confirmed in April 2003. On October 1, 2015 he became Chief Circuit Judge and held this position until October 2022. He was Chair of the US Judicial Conference’s Committee on Judicial Resources from 2011 to 2015. Since 2008 he has been an adjunct professor of law at the University of Colorado School of Law, teaching Election Law. He is a member of the Doyle Inn of Court, the American Law Institute, and the International Society of Barristers. Since he joined the Circuit, Judge Tymkovich has hosted judicial delegations from Russia, Kazakhstan, and Afghanistan, and has also represented the United States in programs at Kiev and Yalta in Ukraine.
David Boies Professor of Law, Yale Law School
Maurice and Hilda Friedman Professor of Law, Columbia Law School; CEO, New Civil Liberties Alliance
Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School, and Chief Executive Officer at the New Civil Liberties Alliance. Before coming to Columbia, he was the John P. Wilson Professor at the University of Chicago Law School.
He writes on constitutional law and its history—with particular emphasis on religious liberty, freedom of speech and the press, judicial office, administrative power, and unconstitutional conditions.
His books are Separation of Church and State (Harvard 2002), Law and Judicial Duty (Harvard 2008), Is Administrative Law Unlawful? (Chicago 2014), The Administrative Threat (Encounter 2017), and Liberal Suppression: Section 501(c)(3) and the Taxation of Speech (Chicago 2018). A forthcoming book is Purchasing Submission: Conditions, Power, and Freedom (Harvard 2021).
He is a member of the American Academy of Arts and Sciences, and he has served on the board of directors of the American Society for Legal History. He has twice received the Sutherland Prize for the most significant contribution to English legal history, and has been awarded the Henry Paolucci - Walter Bagehot Book Award, the Hayek Book Prize, and the Bradley Prize.
Partner, Morris, Manning, & Martin
Donald B. Cameron, Jr. is a Partner in Morris, Manning, & Martin’s International Trade practice. He has over three decades of experience representing multinational businesses, foreign governments, foreign trade associations and U.S. importers in litigation under U.S. antidumping, countervailing duty, and safeguards law. He also advises clients from around the globe in international trade disputes and market access issues, and has particular experience defending clients in industry sectors that are politically sensitive. Mr. Cameron has represented foreign producers and importers in sectors such as footwear, lumber, textiles, electronic products, and steel products. He practices regularly before the U.S. Department of Commerce, the U.S. International Trade Commission, the Office of the U.S. Trade Representative, the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit.
Mr. Cameron has extensive experience representing private-sector interests and governments in dispute settlement proceedings before the World Trade Organization (WTO) and its predecessor, the General Agreement on Tariffs and Trade (GATT) in Geneva, and has argued on behalf of clients before the WTO Panels and WTO Appellate Body. He has also defended clients in North American Free Trade Agreement (NAFTA) Chapter 19 proceedings and has argued before NAFTA Panels. Mr. Cameron also advised the Government of Korea in the successful WTO challenges to the U.S. safeguard actions on line pipe and certain steel products (AB-2001-9 and AB-2003-3).
As counsel for foreign manufacturers, Mr. Cameron has also advised and assisted foreign governments in a variety of bilateral and multilateral trade negotiations, most prominent being the steel Voluntary Restraint Arrangements negotiations, bilateral subsidies negotiations and the OECD shipbuilding negotiations.
President, Cass & Associates, PC
Ronald A. Cass is Dean Emeritus of Boston University School of Law (where he was Dean from 1990-2004), President of Cass & Associates, PC, former Vice-Chairman and Commissioner of the U.S. International Trade Commission, former faculty member at Boston University School of Law and the University of Virginia Law School, and Distinguished Senior Fellow at the C. Boyden Gray Center for the Study of the Administrative State. Dean Cass also sits as an arbitrator for commercial, international, and intellectual property rights disputes, and is a former United States member of the Panel of Conciliators of the International Centre for Settlement of Investment Disputes. He is a member of the Council of the Administrative Conference of the United States and has received seven presidential appointments, spanning Presidents Ronald Reagan to Donald J. Trump.
As a law professor, lecturer, and scholar, Dean Cass has been teaching and writing about a wide array of legal issues on topics such as administrative law and regulation, antitrust, constitutional law, communications, intellectual property, international trade, separation of powers, and legal process. He has published more than 160 scholarly books, chapters, articles, and papers, including a leading casebook on administrative law. Dean Cass has taught judges as well as students in schools of law, economics, business, and public policy and has held academic appointments in the United States, Europe, and Latin America.
In addition to his academic work, Dean Cass has participated in numerous important legal cases as an amicus, consultant, or expert, and has advised businesses, law firms, investment funds, and government agencies on a range of trade, antitrust, intellectual property, and regulatory issues. He has a broad range of affiliations with professional groups, and has received numerous honors, fellowships and awards.
Dean Cass is a graduate of the University of Virginia and the University of Chicago Law School.
U.S. Department of Commerce, International Trade Administration, Assistant Secretary of Commerce for Enforcement and Compliance
Jeffrey I. Kessler was confirmed unanimously by the U.S. Senate on April 3, 2019 and assumed his position as Assistant Secretary of Commerce for Enforcement and Compliance on April 11, 2019. In his role, Mr. Kessler administers U.S. antidumping and countervailing duty laws, works to ensure foreign compliance with trade agreements, supports the negotiation and implementation of international trade agreements to open foreign markets, and administers the Foreign Trade Zones program – all with the goal of promoting U.S. jobs and economic growth.
Prior to joining the Department of Commerce, Mr. Kessler worked as an international trade attorney in private practice. In that capacity, Mr. Kessler advised leading global companies and U.S. industry associations on a wide range of high-profile, cutting-edge international trade, investment, and market access issues. Mr. Kessler was also involved in litigating several precedent-setting World Trade Organization cases, with successful challenges to foreign country trade practices that restrict billions of dollars of international trade per year, as well as successful defenses of U.S. trade practices.
Mr. Kessler also assisted U.S. companies and industry associations – especially those in innovative, IP-intensive industries – to decipher and navigate foreign trade and investment barriers. Mr. Kessler earned a BA magna cum laude from Yale University, an MA from the University of Chicago, and an JD and MA from Stanford University, where he was an Articles Editor of the Stanford Law Review and a John M. Olin Law and Economics fellow. Additionally,
Mr. Kessler is a member of the American Bar Association and a Term Member of the Council on Foreign Relations. Mr. Kessler resides in Arlington, Virginia with his wife Bethany and their two daughters, Lucy and Diana.
Executive Vice President, The Federalist Society
Dean Reuter is Executive Vice President at the Federalist Society for Law and Public Policy Studies. He has served in two federal government agency Offices of the Inspector General, as Counsel to the Inspector General and Deputy Inspector General, responsible for policing the use of federal funds granted and contracted through those agencies. As such, he helped conduct and oversee criminal investigations across the country. He is the principal author of the non-fiction book, The Hidden Nazi: The Untold Story of America's Deal with the Devil, and editor of Liberty’s Nemesis: The Unchecked Expansion of the State and Confronting Terror: 9/11 and the Future of American National Security. He was appointed by the President and served as Vice-Chairman of the Board of Directors of the Corporation for National and Community Service, and recently served as an appointee on the U.S. Commission on Presidential Scholars. He is a graduate of Hood College (BA with Honors) and the University of Maryland School of Law.
Secretary of Commerce, Department of Commerce
Wilbur L. Ross, Jr. was sworn in by Vice President Mike Pence as the 39th Secretary of Commerce on February 28, 2017. Secretary Ross is the principal voice of business in the Trump Administration, ensuring that U.S. entrepreneurs and businesses have the tools they need to create jobs and economic opportunity.
Secretary Ross is the former Chairman and Chief Strategy Officer of WL Ross & Co. LLC and has over 55 years of investment banking and private equity experience. He has restructured over $400 billion of assets in the airline, apparel, auto parts, banking, beverage, chemical, credit card, electric utility, food service, furniture, gypsum, homebuilding, insurance, marine transport, mortgage origination and servicing, oil and gas, railcar manufacturing and leasing, real estate, restaurant, shipyard, steel, textile and trucking industries. Secretary Ross has been chairman or lead director of more than 100 companies operating in more than 20 different countries.
Named by Bloomberg Markets as one of the 50 most influential people in global finance, Secretary Ross is the only person elected to both the Private Equity Hall of Fame and the Turnaround Management Hall of Fame. He previously served as privatization adviser to New York City Mayor Rudy Giuliani and was appointed by President Bill Clinton to the board of the U.S.-Russia Investment Fund. President Kim Dae-jung awarded Secretary Ross a medal for helping South Korea during its financial crisis and, in November 2014, the Emperor of Japan awarded him the Order of the Rising Sun, Gold and Silver Star.
As a philanthropist, Secretary Ross has served as Chairman of the Japan Society, Trustee of the Brookings Institution and Chairman of its Economic Studies Council, International Counsel Member of the Musée des Arts Décoratifs in Paris, Trustee of the Blenheim Foundation, President of the American Friends of the Rene Magritte Museum in Brussels and Director of the Palm Beach Civic Association. He also was an Advisory Board Member of Yale University School of Management.
Secretary Ross is a graduate of Yale University and Harvard Business School (with distinction). He and his wife Hilary Geary Ross have four children, Jessica Ross, Amanda Ross, Ted Geary and Jack Geary.
Associate Professor of Law, Cumberland School of Law, Samford University
Brannon P. Denning is Associate Professor of Law at Samford University’s Cumberland School of Law in Birmingham, Alabama. Prior to joining the Cumberland School of Law in 2003, Professor Denning taught at the Southern Illinois University School of Law in Carbondale, Illinois for four years. At Cumberland, Professor Denning teaches Constitutional Law I & II, the First Amendment, and Professional Responsibility. During the Summer of 2005, he was a visiting professor at the University of Tennessee College of Law.
Professor Denning has written extensively on the Commerce Clause, the dormant Commerce Clause doctrine, the constitutional amending process, the confirmation process, the Second Amendment, and on foreign affairs matters. His articles have appeared in the American Journal of International Law, Constitutional Commentary, Foreign Affairs, the Minnesota Law Review, the William and Mary Law Review, and the Wisconsin Law Review, among other journals and periodicals. He has also collaborated with Yale law professor Boris I. Bittker on a treatise on the Commerce Clause and is co-editor of a one-of-a-kind coursebook on gun control and gun rights.
Professor Denning earned a B.A. in political science, magna cum laude, from the University of the South in Sewanee, Tennessee. He received a J.D., magna cum laude, from the University of Tennessee in 1995, and an LL.M. from Yale University in 1999.
The University of Tennessee College of Law, Visiting Professor, 2005. Taught Constitutional Law during the Summer Term.
Cumberland School of Law, Samford University, Associate Professor, 2003-present. Tenure awarded Spring, 2005.
Southern Illinois University School of Law, Assistant Professor, 1999-2003.
Taught constitutional law, legal ethics, Illinois constitutional law, and Introduction to Legislative and Administrative Process. Tenure awarded Spring, 2003.
Yale Law School, Research Associate & Senior Fellow, 1997-1998.
Collaborated with Professor Boris I. Bittker researching and writing Bittker on the Regulation of Interstate and Foreign Commerce (Aspen Law & Business).
Baker, Donelson, Bearman & Caldwell, P.C., Associate, 1995-1997.
Member of health law group in the Memphis, Tennessee office of the state’s largest law firm.
Yale Law School, LL.M., 1999
The University of Tennessee College of Law, J.D., magna cum laude, Order of the Coif, 1995
The University of the South, Sewanee, Tennessee, B.A., magna cum laude, Phi Beta Kappa, 1992
Welpton & Wise Professor of Law, University of Nebraska College of Law
Professor Rick Duncan is the Welpton & Wise Professor of Law at the University Of Nebraska College Of Law. He is a graduate of the Cornell Law School and served as an editor of the Cornell Law Review. He teaches Constitutional Law with a special emphasis on the law of religious freedom, free speech, and federalism. Duncan has written numerous books, articles, and commentaries on a wide variety of legal topics. His recent publications include an article on Justice Scalia’s legacy, another on Kermit Gosnell and Roe v. Wade, a piece on the Electoral College and Federalism, a 2019 piece on Masterpiece Cakeshop and the First Amendment, and three recent articles on the “no compelled speech” doctrine as a First Amendment defense against authoritarianism and tyranny. His most recent article, on School Choice and the First Amendment, will be published in 2023 in Case Western Law Review. He is also the co-author of a book on Secured Transactions under Article 9 of the UCC. He served as Chairman of the Nebraska Advisory Committee to the U.S. Commission on Civil Rights during the Reagan Administration. He also loves to speak at Federalist Society meetings around the country on life, liberty, and the pursuit of federalism.
Duncan has five children, five grandchildren, and a wonderful wife who help him pursue happiness. He loves lifting weights (particularly going heavy on the incline bench press), attending Broadway musicals and plays, including Hamilton: An American Musical which he has seen 12 times (possibly a Nebraska record). He regularly reads both the Bible and the New York Times because it is important to keep up with what both sides have to say. He loves following major league baseball, especially the San Diego Padres. And his favorite legal aphorism is “first come rights then comes government to secure those rights.”
Partner, Gibson, Dunn & Crutcher LLP
Thomas G. Hungar is a partner in the Washington, D.C., office of Gibson Dunn. His practice focuses on appellate litigation, and he assists clients with congressional investigations and complex trial court litigation matters as well. He has presented oral argument before the Supreme Court of the United States in 28 cases, including some of the Court’s most important patent, antitrust, securities, and environmental law decisions, and he has also appeared before numerous lower federal and state courts.
Thomas served as General Counsel to the U.S. House of Representatives from July 2016 until January 2019. As General Counsel, he provided legal advice and litigation representation on a non-partisan basis to the House and its leadership, members, officers, and staff, and he worked closely with numerous House committees in connection with their oversight and investigative activities. Previously, he served as a Deputy Solicitor General of the United States. In that position, he supervised business-related appellate litigation for the federal government, with particular emphasis on patent, antitrust, securities, and environmental appellate cases, and he also oversaw appellate litigation in banking, bankruptcy, tax, government contracts, communications, copyright, labor, trademark, and international trade matters. In private practice, Thomas’s appellate experience has encompassed those areas as well as class actions, constitutional law, employment law, product liability, administrative procedure, insurance coverage and bad faith, and general commercial litigation. He has handled scores of business-related appeals in the Supreme Court and lower appellate courts, and has briefed and argued many high-profile matters.
Thomas is a Fellow of the American Academy of Appellate Lawyers and is a frequent lecturer in his areas of expertise. While at the Department of Justice, he served as Appellate Counsel to the Intellectual Property Task Force Executive Staff, and he was awarded the John Marshall Award for Outstanding Legal Achievement, the Department’s highest award presented to attorneys for contributions and excellence in legal performance, in recognition of his handling of patent-law matters before the Supreme Court.
Most recently, Thomas has garnered national recognition for his Appellate Practice in The Legal 500 – United States, Best Lawyers in America, and in Chambers USA, which has repeatedly highlighted Thomas for his “expertise in appellate litigation” and experience with employment and antitrust disputes, as well as Congressional Investigations. Thomas was also recently named a “Litigation Star” by Benchmark Litigation.
Thomas served as an Assistant to the Solicitor General of the United States from 1992-1994. He also served as a law clerk to Justice Anthony M. Kennedy of the Supreme Court and to Circuit Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit. He received his law degree from Yale Law School in 1987, where he was a Senior Editor of the Yale Law & Policy Review. He received his Bachelor of Science degree magna cum laude in mathematics/computer science and economics from Willamette University in 1984.
Thomas is admitted to practice in the District of Columbia.