Research Scholar in Law and Executive Director, Center for Academic Freedom and Free Speech, Yale Law School
Joe Cohn is a research scholar in law at Yale Law school and the executive director of the Center for Academic Freedom and Free Speech (CAFFS).
Cohn has served as a staff attorney at the AIDS Law Project of Pennsylvania, a staff attorney for the Court of Appeals for the 3rd Circuit, an adjunct professor of law at the University of Pennsylvania Law School, where he supervised law students representing clients in litigation in state and federal courts, and as the interim legal director for ACLU affiliates in Nevada and Utah.
A majority of Cohn’s career has been dedicated to defending civil liberties on college campuses and free expression in society at large. As the Foundation for Individual Rights and Expression’s (FIRE’s) founding legislative and policy director, from 2012 to 2023, he testified on numerous occasions in legislatures across America and in Congress, drafted legislation on campus free speech, campus due process, and academic freedom that has been enacted in states across the country. Immediately before joining CAFFS, Cohn advocated for open inquiry, viewpoint diversity, and constructive disagreement in higher education as Heterodox Academy’s director of policy.
Cohn writes extensively on civil liberties, with articles published in a wide array of media outlets, including the Wall Street Journal, the Washington Post, Newsweek, the Hill, the New York Daily News, the Chicago Tribune, the Las Vegas Review Journal, the Minnesota Star Tribune, the Chronicle of Higher Education, Inside Higher Ed, and the Volokh Conspiracy.
He earned his bachelor of arts from the University of Nevada at Las Vegas in 2000. He is a 2004 graduate of the University of Pennsylvania Carey School of Law and the Fels Institute of Government Administration, where he earned his J.D. and M.A. in Government Administration.
Political Science, Professor and Department Chair, University of Nebraska Omaha
Carson Holloway is Department Chair and Professor of Political Science at the University of Nebraska, Omaha and a Washington Fellow in the Claremont Institute’s Center for the American Way of Life. He is the author most recently of No Liberty to Libel: The Constitutional Case Against New York Times v. Sullivan (Encounter Books, 2026). He is co-editor, with Bradford P. Wilson, of The Political Writings of Alexander Hamilton (Cambridge University Press, 2017) and The Political Writings of George Washington (Cambridge University Press, 2023). He has held visiting fellowships in Princeton University’s James Madison Program in American Ideals and Institutions and at the Heritage Foundation. His scholarly articles have appeared in the Review of Politics, Interpretation, and Perspectives on Political Science, and he has written public commentary for The New Criterion, First Things, National Affairs, Public Discourse, National Review, Law and Liberty, The Federalist, the American Spectator, and the American Conservative.
Partner, Thomas & LoCicero PL
Carol is the managing partner in TLo's Tampa office. She practices at the trial and appellate levels, handling litigation concerning defamation and privacy, the Public Records Act, the Government in the Sunshine Law, court access and cameras in the courtroom. She leads advocacy efforts on media issues, including cameras in the courtroom, and sealed court records.
Carol is a nationally-recognized media lawyer routinely sought after as a speaker on media issues at national and statewide conferences. She often leads statewide advocacy efforts on media issues, most recently involving access to Florida courts and Florida’s anti-SLAPP law. Carol regularly renders pre-and post-publication advice on investigative news stories. She handles issues concerning newsgathering and technology – including smartphones, social media and drones. Carol has litigated many cases resulting in published opinions. In addition to media law, Carol is experienced in marketing law, web law and intellectual property matters. She manages trademark portfolios, policing programs and litigation for sophisticated corporations.
Carol is the Immediate Past Chair for the First Amendment Foundation's Board of Trustees. She is a former board member of the Junior League of Tampa, former vice-chair of the Media Law Committee of The Florida Bar, and is a governing committee member of the ABA Forum on Communications Law. She has litigated capital habeas cases with other lawyers in the firm. Carol also serves as the Program Coordinator for End 68 Hours of Hunger – Tampa, a charity dedicated to eradicating hunger among school children. She is an active member of Hyde Park Presbyterian Church.
Partner, Boies Schiller Flexner LLP
Jesse, the former third-ranking official at the U.S. Department of Justice, helps clients with their most difficult litigation and regulatory issues─whether that means defending against an enforcement action, pursuing high-stakes litigation and appeals, navigating regulatory thickets at federal and state agencies, or crafting a comprehensive strategy to manage a crisis. He approaches these problems with the knowledge gained both from his broad private-practice experience and from having served at the highest levels of federal and state government.
Jesse has experience across a range of substantive and regulatory areas. He has sued the federal government and has also been one of its top law-enforcement officials; he has represented states and has also navigated their regulatory agencies on behalf of clients; and he has represented companies in business disputes, both as defendants and plaintiffs.
Before joining the firm, Jesse was the Acting Associate Attorney General at the United States Department of Justice. In that role, he oversaw the civil and criminal work of the Antitrust, Civil, Civil Rights, Environment and Natural Resources, and Tax Divisions. During Jesse’s tenure, the Associate’s office closely managed the Department’s most significant litigation, including matters involving large financial institutions, healthcare companies, automakers, energy companies, and state and local governments. In addition, Jesse served as Chair of DOJ’s Regulatory Reform Task Force and Vice Chair of DOJ’s Task Force on Market Integrity and Consumer Fraud. Jesse regularly provided legal and strategic advice to the highest-level decision makers in the federal government, including the Attorney General and Deputy Attorney General, general counsels across the spectrum of federal agencies, and White House officials.
Jesse served for three years as the secretary of Florida’s labor, economic-development, and land-use agency, the Florida Department of Economic Opportunity. Before that, he served as Governor (now Senator) Rick Scott’s general counsel.
Jesse maintains offices in both Washington D.C. and Florida. From Washington, he focuses on federal litigation and crisis management. In Florida, in addition to federal litigation, Jesse employs his knowledge of state government and regulation to help clients in courts across the state, from trial through the Florida Supreme Court.
Jesse currently serves on the Florida Supreme Court Judicial Nominating Commission, the body that provides the governor with nominees for appointment to the Florida Supreme Court. Jesse is also a fellow at the Center for the Study of the Administrative State at the Scalia Law School at George Mason University, where he writes and speaks about administrative law.
Counsel, Clare Locke
Jered is an experienced litigator relied upon by his clients to deliver practical and exacting legal advice guided by sound business judgment. He has spent his career representing clients ranging from Fortune 500 companies to controversial high-profile figures in sensitive and sometimes existential crises requiring extraordinary discretion.
Prior to joining Clare Locke, Jered was the chief legal officer of media non-profit Project Veritas, through which he managed a team of lawyers working on reputational risk. During his time at Veritas, Jered and his team obtained over five dozen corrections and retractions and avoided countless more inaccurate articles. Jered also oversaw a portfolio of defamation lawsuits, including Project Veritas’ lawsuit against The New York Times in which Clare Locke defeated The Times’ motion to dismiss – the first defamation case to survive New York’s newly-expanded anti-SLAPP law.
Jered has successfully represented clients in litigation and appeals in federal and state courts across the country. Throughout his career, Jered has handled a variety of matters, including media liability, fraud and deceptive trade practices, financial services, construction and real estate, bankruptcy, and harassment. Jered served as lead trial counsel in securing one of 2019’s top 50 highest bench awards in the United States in a real estate dispute, and in obtaining a first-of-its-kind national injunction and receivership over a fraudster leading to federal incarceration and a permanent restraining order.
Amicus Attorney, The Foundation for Individual Rights and Expression
Abby joined FIRE after her tenure at the Becket Fund for Religious Liberty, where she litigated First Amendment student group cases from coast to coast. She also worked at a trial litigation boutique in southern California. Abby has filed briefs on the First Amendment in state and federal court at the trial and appellate court levels, including before the U.S. Supreme Court.
Abby received her B.S. in economics and her B.A. in Chinese language and literature from the University of Pittsburgh, where she graduated summa cum laude. During college, she also spent a year at Tsinghua University as a Boren Fellow. She later received her J.D. from the University of Chicago Law School, where she won the 2018 Hinton Moot Court Competition. After law school, Abby clerked for the Honorable Michael B. Brennan on the Seventh Circuit Court of Appeals in Milwaukee, Wisconsin. She is admitted to practice in New York and California, as well as several federal appellate courts and the U.S. Supreme Court.
Abby lives outside Dallas, Texas, with her husband and family. They enjoy reading together, volunteering with their local church, and continuing to fix their leaky pool.
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
Professor of Law, Northwestern University Pritzker School of Law
Joshua Kleinfeld teaches and writes about political, legal, and moral philosophy, criminal law, and criminal procedure. He also practices law in Northwestern's Juvenile Criminal Defense Clinic. He is a full professor with tenure at the Northwestern Pritzker School of the Law and (by courtesy) in Northwestern’s philosophy department. In 2017-18, he was a visiting professor at Harvard and Stanford Law Schools. He is the recipient of the Bator Award, given annually to one American law professor under the age of 40 who has demonstrated "excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact."
In philosophy, Kleinfeld's research focuses on the idea of "embodied ethical life," as developed in the socio-theoretic tradition of Hegel, Weber, and Durkheim. This tradition aims to understand and critique social life by bringing to light the normative ideas implicit in social practices and institutions. In law, this means that the most interesting philosophical concepts are often those reflected or actualized in legal practice – in the law as judges and lawyers think of it and wield it.
In criminal law and procedure, Kleinfeld has developed a theory known as "reconstructivism," which holds that the chief office of criminal law is not to dole out retributive justice, nor to optimize crime and cost control, but to reconstruct a violated normative order in the wake of a crime. This work, which draws on the thought of Hegel, Durkheim, Jean Hampton, and Antony Duff, develops an alternative to retributive and utilitarian theories of criminal law by focusing on the distinctive social function and sense of justice at work in the criminal system.
Kleinfeld is also involved in practical criminal justice reform. In this vein, he defends children accused of homicide in the Northwestern Juvenile Criminal Defense clinic and assists in litigation efforts meant to reform American criminal law through the courts. He has also developed a view of criminal justice reform known as "democratization," which holds that the root of the American criminal justice crisis is a set of bureaucratic attitudes, structures, and incentives divorced from the American public’s concerns and sense of justice, and that the primary solution is to make criminal justice more community-focused and responsive to lay influences. Working with others, he has developed a number of policy proposals meant to reform American criminal justice in a democratic direction.
Kleinfeld holds a JD from Yale Law School, a PhD in philosophy from the Goethe University of Frankfurt (supervised by Axel Honneth, Klaus Günther, and Rainer Forst), and a BA in philosophy from Yale College. He clerked for Judge J. Harvie Wilkinson on the United States Court of Appeals for the Fourth Circuit; Judge Janice Rogers Brown on the United States Court of Appeals for the D.C. Circuit; and President (chief justice) Aharon Barak of the Supreme Court of Israel. He worked as an Associate at Debevoise & Plimpton LLP in Frankfurt, Germany, in the area of corporate criminal law. Before law school, he worked as a Senior Research Analyst at the White House’s Council on Bioethics.
R. B. Price and Isabelle Wade & Paul C. Lyda Professor Emeritus of Law, University of Missouri School of Law
Carl H. Esbeck is R.B. Price Professor and Isabelle Wade & Paul C. Lyda Professor of Law emeritus at the University of Missouri. After attending Cornell University School of Law where he served as an editor on the Cornell Law Review, he held a judicial clerkship with the Honorable Howard C. Bratton, chief judge of the U.S. District Court in New Mexico.
Professor Esbeck publishes widely in the area of religious liberty and church-state relations. He is recognized as the progenitor of "Charitable Choice," an integral part of the 1996 Federal Welfare Reform Act, later made a part of the faith-based initiative and equal-treatment regulations under presidents George W. Bush and Barack Obama. In addition, he has taken the lead in recognizing that the modern Supreme Court has applied the Establishment Clause not as a personal right, but as a structural limit on the government's authority in disputes involving church governance. While on leave from 1999 to 2002, Professor Esbeck directed the Center for Law & Religious Freedom (CLRF) and later served as Senior Counsel to the Deputy Attorney General at the U.S. Department of Justice. While directing the CLRF, Professor Esbeck was a central part of the congressional advocacy behind the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). While at the Department of Justice one of his duties was to direct a task force to remove barriers to the equal-treatment of faith-based organizations applying for social service grants. He is the author of Disestablishment and Religious Dissent: Church-State Relations in the New American States, 1776 - 1833 (U. of MO Press, 2019).
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
Panel I: New York Times v. Sullivan
Joe Cohn, Carson Holloway, Carol Jean Locicero, Jesse Panuccio, Jered Ede
In 1964, the U.S. Supreme Court issued its opinion in New York Times v. Sullivan...
Supreme Court of Texas Says Calling Abortion Murder Is Protected Speech, Not Defamation
Abigail Smith
In Lilith Fund for Reproductive Equity v. Dickson, the Supreme Court of Texas held that...
Open Minds with Prof. Eugene Volokh & Prof. Joshua Kleinfeld, Part I
Eugene Volokh, Joshua Kleinfeld
What made Professor Volokh the independent and influential thinker he is today? It began with...
An Extended Essay on Church Autonomy
Carl H. Esbeck
The doctrine of church autonomy[1] is distinct from the two more familiar lines of cases...
Remedies for Cyber-Libel
Santa Clara Student Chapter
Santa Clara, CA