Free Speech and the Administrative State

January 26, 2018 

This Conference is certified for 5.0 credits of Virginia CLE.

8:15 – 8:55 am – Registration and Breakfast

8:55 – 9:00 am – Welcome

Adam White, Executive Director, Center for the Study of the Administrative State and Adjunct Professor, Antonin Scalia Law School, George Mason University

9:00 – 10:15 am – Panel 1: First Amendment Due Process and the Administrative State – Click here to view the video of the full panel!

Jonathan H. Adler, Director, Center for Business Law and Regulation and Johan Verheij Memorial Professor of Law, Case Western Reserve University, School of Law
Coleen Klasmeier, Partner, Sidley Austin LLP
Martin H. Redish, Louis and Harriet Ancel Professor of Law and Public Policy, Northwestern University School of Law
David Vladeck, A.B. Chettle, Jr., Professor of Law, Georgetown University Law Center

Moderator: Michael Greve, Professor of Law, Antonin Scalia Law School, George Mason University

10:30 – 11:45 am – Panel 2: Robocalls – A Case Study in Modern Speech Regulation? – Click here to watch the video of the full panel!

Justin (Gus) Hurwitz, Assistant Professor of Law, and Co-Director of Space, Cyber, and Telecom Law Program, Nebraska College of Law
Alan Butler, Senior Counsel, Electronic Privacy Information Center
Harold Kim, Executive Vice President, U.S. Chamber Institute for Legal Reform

Moderator: Jamil N. Jaffer, Founder, National Security Institute; and Adjunct Professor of Law, Antonin Scalia Law School, George Mason University

11:45 am – 1:00 pm – Lunch and Keynote Discussion – Click here to watch the video of the keynote address!

Stuart S. Taylor, Jr., Author & Journalist

1:00 – 2:15 pm – Panel 3: “Cheap Speech” and the Transformation of American Law – Click here to watch the video of the full panel!

Eugene Volokh, Gary T. Schwartz Distinguished Professor of Law, UCLA School of Law
Mike Godwin, Distinguished Senior Fellow, R Street Institute
Andrew McLaughlin, Executive Director, Tsai Center for Innovative Thinking at Yale

Moderator: Adam White, Executive Director, Center for the Study of the Administrative State and Adjunct Professor, Antonin Scalia Law School, George Mason University

2:30 – 3:45 pm – Panel 4: Do Administrative Agencies Systematically Under-Protect the First Amendment? – Click here to watch the video of the full panel!

Samuel Bagenstos, Frank G. Millard Professor of Law, University of Michigan Law School
David Bernstein, Professor of Law, Antonin Scalia Law School, George Mason University
R. Shep Melnick, Thomas P. O’Neill, Jr. Professor of American Politics, The Morrissey College of Arts and Sciences, Boston College
Tamara Piety, Professor of Law, College of Law, The University of Tulsa

Moderator: Jonathan H. Adler, Director, Center for Business Law and Regulation and Johan Verheij Memorial Professor of Law, Case Western Reserve University, School of Law

Discussed Research Papers

• Antidiscrimination Laws, the First Amendment, and the Administrative State
  David Bernstein, Professor of Law, Antonin Scalia Law School, George Mason University
• Telemarketing, Technology and the Regulation of Private Speech
  Justin (Gus) Hurwitz, Assistant Professor of Law, and Co-Director of Space, Cyber, and Telecom Law Program, Nebraska College of Law
• Due Process, Free Expression, and the Administrative State
  Martin H. Redish, Louis and Harriet Ancel Professor of Law and Public Policy, Northwestern University School of Law
• What Cheap Speech Has Done – The Transformation of Libel and Privacy Law
  Eugene Volokh, Gary T. Schwartz Distinguished Professor of Law, UCLA School of Law