Symposia
Not Your Father’s First Amendment
Drexel Law Review Symposium 2019
Friday, November 15, 2019
8 a.m. - 4 p.m.
Kline Institute of Trial Advocacy
5 CLE Credits
Register Program
This daylong symposium will bring together leading scholars and practitioners to explore the possibilities of an inclusive First Amendment for an era of advancing racial and gender equality, political polarization, and technological interconnectedness. Can the First Amendment transcend its origins and adapt to current conditions and dilemmas? Has the First Amendment become an obstacle? Or is the First Amendment good enough, despite the limitations of its original authors’ and mid-twentieth century interpreters’ viewpoints?
Keynote Speaker: Genevieve Lakier, Assistant Professor of Law, University of Chicago Law School
Professor Lakier is an expert in First Amendment law, whose writing explores the connections between culture and law. An Assistant Professor at the University of Chicago Law School, she recently published Imagining an Antisubordinating First Amendment in the Columbia Law Review, in which she explores the shift in the First Amendment’s political economy and how the modern formal approach of the Court tends to favor “the powerful and the propertied” over “the marginalized and the disenfranchised.”
Panel 1: The Freedom of Speech and the Equality of Citizenship
First Amendment doctrine, as it was developed in cases like Whitney v. California, was grounded on the belief that “discussion affords ordinarily adequate protection against the dissemination of noxious doctrine.” An array of new social movements including Black Lives Matter and #MeToo increasingly challenge that assumption, arguing that this faith underappreciates the significant harm and violence inflicted by hateful speakers and their speech. In doing so, like voices in the past, they and their fellow LGBTQ activists invite us to reimagine how the freedom of speech can be reconciled with constitutional commitments to equal citizenship.
- Mary Anne Franks, Professor of Law, University of Miami School of Law
- Gregory Magarian, Professor of Law, Washington University in St. Louis School of Law
- Stephen Feldman, Professor of Law, University of Wyoming College of Law
- Moderator: Maggie Blackhawk, Assistant Professor of Law, University of Pennsylvania Law School
Panel 2: The First Amendment and the Press in the Digital Age
The First Amendment’s answer to harmful or destructive speech has always been more speech, but is this premise sustainable? Nowhere is this tension more pronounced than in debates surrounding freedom of the press. As the media faces attacks from within and without, is it time to reconsider our faith in the marketplace of ideas?
Panel 3: Economic Progressivism and the First Amendment
The foundations of the modern First Amendment emerged during the height of American progressivism. Today, however, the Supreme Court increasingly insists on an irreconcilable tension between the rights of the First Amendment and the goals of progressive economic policies. What accounts for why the First Amendment did not seem at odds with government regulation to promote equality in the period of its formation?
- Tabatha Abu El-Haj, Associate Professor of Law, Thomas R. Kline School of Law
- David Pozen, Professor of Law, Columbia Law School
- Sophia Lee, Professor of Law and History, University of Pennsylvania Law School
- Moderator: Chapin Cimino, Professor of Law, Thomas R. Kline School of Law
Panel 4: The Digital Age, the First Amendment, and the Future of Democracy
With the advances of the digital age have come an array of new methods of speech control, often employed by private individuals and organizations. As we are increasingly confronted with the Janus-faced nature of the Internet as a mode for free expression and the risks of private tyranny, it is worth asking whether First Amendment doctrine has the capacity to respond to these challenges. And what is in store for our democracy if it does not?
- Kate Klonick, Assistant Professor of Law, St. John’s University School of Law
- Amanda Shanor, Assistant Professor of Legal Studies and Business Ethics, Wharton School at the University of Pennsylvania
- Chapin Cimino, Professor of Law, Thomas R. Kline School of Law
- Moderators: Matthew Schwartz and Michael Vuolo, Hosts of WAMU 88.5’s Unprecedented
Past Topics
- Health Law (Spring 2009),
- Perspectives on Fundamental Rights in South Asia (Spring 2010),
- Business Improvement Districts and the Evolution of Urban Governance (Fall 2010),
- Perspectives on Medical Malpractice Litigation and Patient Safety (Fall 2011),
- Building Global Professionalism (Fall 2012)
- International and Transnational Legal Education (Spring 2013),
- ERISA: Past, Present, and Future (Spring 2014),
- Beyond Reproach: Becoming an Expert Witness (Fall 2014)
- Criminal Justice Reform (Spring 2016),
- Twenty Years After the 1996 Immigration Laws: Revisiting an Experiment in Comprehensive Severity (Fall 2016),
- Race and Policing in America (Fall 2017),
- Times of Reckoning: Confronting the Legacies of Mass Abuse through Transitional Justice (Fall 2018)