President and CEO, First Liberty Institute
Kelly Shackelford, Esq., is President and CEO of First Liberty Institute, the largest legal firm in the nation dedicated exclusively to protecting religious freedom for all Americans. He has served in this role since 1997, leading First Liberty’s efforts to defend religious freedom in the courts and in the public arena. Under his leadership, First Liberty’s legal team has participated in cases before the United States Supreme Court, federal courts of appeals, federal district courts and various state courts, where they have won more than 90 percent of their cases.
Shackelford is a constitutional scholar who has argued before the United States Supreme Court, testified before the U.S. House and Senate, and has won a number of landmark First Amendment and religious liberty cases.
He was recently named one of the 25 greatest Texas lawyers of the past quarter-century by Texas Lawyer and is the recipient of the prestigious William Bentley Ball Award for Life and Religious Freedom Defense for pioneering work protecting religious freedom.
Shackelford is a highly sought-after speaker and frequent guest on national news and talk shows including Good Morning America, The Today Show, The O’Reilly Factor, CNN, Fox and Friends, MSNBC, and Hannity. He also has been featured in the National Law Journal, Associated Press, The New York Times, The Washington Times, The Washington Post, and The L.A. Times, and many others.
Shackelford is on the Board of Trustees of the United States Supreme Court Historical Society and earned his law degree from Baylor University.
Adjunct Professor, Belmont Abbey College
Associate Dean for Faculty; Charles W. Ebersold and Florence Whitcomb Ebersold Professor of Constitutional Law, The Ohio State University Mortiz College of Law
Professor Daniel Tokaji is an authority on the law of elections and democracy. He teaches courses on Election Law, Civil Rights, Civil Procedure, Comparative Law, Constitutional Law, Federal Courts, Legislation and Regulation, and the U.S. Legal System. His scholarship addresses questions of voting rights, racial justice, free speech, and the role of the courts in American democracy.
Professor Tokaji is the author of Election Law in a Nutshell (2d ed. 2016), and co-author of Election Law: Cases and Materials (6th ed. 2017) and The New Soft Money (2014). He has written numerous articles and book chapters on a wide variety of election and voting issues, including voting rights, voter ID, voter registration, redistricting, campaign finance regulation. Recent articles include “Gerrymandering and Association,” 59 William & Mary Law Review 2159 (2018), and “Denying Systemic Equality: The Last Words of the Kennedy Court,” 13 Harvard Law & Policy Review 539 (2019). His current research focuses on the challenges facing democracies around the globe, including the free speech issues surrounding digital disinformation and the need for trustworthy electoral institutions.
Media outlets frequently seek Professor Tokaji’s expertise on election and voting issues. He has been quoted in The New York Times, Los Angeles Times, The Columbus Dispatch, USA TODAY, and appeared on TODAY, FOX News, NBC News, and National Public Radio and many other media outlets.
A graduate of Harvard College and the Yale Law School, Professor Tokaji clerked for the Honorable Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit. Before arriving at Ohio State, he was a staff attorney with the ACLU Foundation of Southern California and Chair of California Common Cause.
Professor Tokaji has litigated many civil rights, civil liberties, and election law cases. He was lead counsel in a case that struck down an Ohio law requiring naturalized citizens to produce a certificate of naturalization when challenged at the polls. He also served as counsel in litigation challenging the state’s voting purges. He was also an attorney for plaintiffs in cases that kept open the window for simultaneous registration and early voting in Ohio’s 2008 general election, and that challenged punch-card voting systems in Ohio and California after the 2000 election.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
United States Magistrate Judge, Eastern District of North Carolina
Robert T. Numbers, II serves as a United States Magistrate Judge in the United States District Court for the Eastern District of North Carolina.
Judge Numbers received degrees in Political Science and Economics, with honors, from Wake Forest University. After completing his undergraduate work, Judge Numbers obtained his law degree from the University of Notre Dame where he served on the Notre Dame Law Review.
Upon his graduation from law school, Judge Numbers joined the Winston-Salem office of a large, regional law firm. From 2005 until 2010, Judge Numbers’ practice focused on civil rights claims against local municipalities and government contractors. In 2010, Judge Numbers joined the firm’s Raleigh office and concentrated his practice on complex business litigation in state and federal courts.
General Counsel, International Mission Board
President, Becket Fund for Religious Liberty; Professor of Law and Co-Director of the Center for Religious Liberty, Catholic University; Visiting Professor, Harvard Law School
Mark joined the Becket team in 2011 and splits his time as Associate Professor at The Catholic University of America, Columbus School of Law, and as Visiting Professor at Harvard Law School. Mark teaches constitutional law, religious liberty, torts, and evidence. He has been voted Teacher of the Year three years in a row by the Law School’s Student Bar Association.
Mark has broad experience litigating First Amendment religious exercise and free speech cases. He has represented the winning parties in a variety of Supreme Court First Amendment cases including Hobby Lobby, Little Sisters, Wheaton College, and Holt. In January 2014, Mark argued before the Supreme Court in McCullen v. Coakley, a First Amendment challenge to a Massachusetts speech restriction outside of abortion clinics. The Justices ruled in favor of his clients 9-0. Mark also led a successful eight-year litigation battle against Governor Blagojevich’s effort to force religious pharmacists to distribute the morning-after and week-after pills.
Mark’s academic writing focuses on the First and Fourteenth Amendments, and has appeared in a variety of prestigious journals, including the Harvard Law Review.
Mark is a widely sought after speaker on constitutional issues, particularly concerning abortion and the First Amendment. Professor Rienzi has been invited to discuss these issues at Harvard Law School, Columbia University Law School, Georgetown University Law Center, Boston College Law School, Notre Dame Law School, the National Press Club, and the Capitol. He has been quoted on constitutional law issues on NPR, in the Washington Times, The New York Daily News, and the Chicago Sun-Times. Mark has also been featured on the Kelly File, Fox News Sunday, Your World with Neil Cavuto, Geraldo at Large, CNN Tonight, CNN Live, Andrea Mitchell Reports, and Wall Street Journal Live.
Prior to joining Becket, Mark served as counsel for the litigation department and the intellectual property litigation practice group of WilmerHale LLP. His practice focused on complex civil and appellate litigation with a particular emphasis on intellectual property and First Amendment issues. Prior to joining WilmerHale, he served as law clerk to the Hon. Stephen F. Williams, senior circuit judge for the U.S. Court of Appeals for the D.C. Circuit. Prior to that, Mark was an editor of the Harvard Law Review, and earned his J.D. from Harvard Law School and B.A. from Princeton University, both with honors.
General Counsel, James Madison Center for Free Speech
Professor, University of California Hastings College of the Law
Professor Calvin R. Massey joined the Hastings faculty in 1987. Prior to teaching at Hastings, he practiced law in San Francisco.
Do Students Have First Amendment Rights?
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Robert T. Numbers
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Derek L. Gaubatz
Brought to you by the Religious Liberties Practice Group The Federalist Society takes no position on...
Wikileaks and the First Amendment
An Abortion Exception to the First Amendment? Evaluating Recent Efforts to Regulate Speech About Pregnancy Options
Mark L. Rienzi
Abortion is a highly-charged and intensely-debated issue. Partisans on both sides believe abortion implicates fundamental...
Engage Volume 11, Issue 3, December 2010
*Online-Only Issue* Special Edition: Templeton Debates Eminent Domain after Kelo Ilya Somin & Saul Levmore...
Holding the Service's Feet to the Fire: Applying Citizens United and the First Amendment to the IRC § 501(c)(3) Political Prohibition
Zachary S. Kester, James Bopp
The Supreme Court’s recent decision in Citizens United v. FEC will have a lasting and profound...
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Calvin R. Massey
On October 6, 2010 the Supreme Court heard oral argument in Snyder v. Phelps. The...
Right Result, Wrong Reasoning? McDonald vs. City of Chicago and The Future of Gun Rights