Pepperdine Law Review Symposium to Explore Free Speech and Press in the Modern Age
Kevin
J. Martin, chair of the Federal Communications Commission and the Honorable Alex Kozinski, chief judge of the
U.S. Court of Appeals for the Ninth Circuit, will join scholars from many
of the nation's leading law schools to examine extremist speech, campaign
fundraising and spending, and mass media in the digital age. The day-long
symposium is titled "Free Speech and
Press in the Modern Age" and will be held Friday, April 4, 8:45 a.m. to 5:30 p.m. at Pepperdine University School
of Law.
Background
During the 20th century, the Supreme Court articulated at least three major theories that underpin the freedoms of speech and press—the maintenance of a marketplace of ideas to elicit truth, the promotion of intelligent self-governance, and the facilitation of individual self-realization. These theoretical models have driven the Court's development and application of specific doctrine in various areas of free speech law. The Pepperdine conference will examine whether these theoretical models remain valid and compelling bases for the continued development of free speech law in the 21st century and focus on the following important questions:
- Does a liberal tolerance of extremist speech such as terrorist recruiting propaganda or incitement to religious hatred, particularly via mass distribution platforms like the Internet, continue to be warranted? The United Kingdom and other European countries outlaw much of this type of speech, particularly as part of their counterterrorism efforts. Should we follow?
- In light of the mushrooming costs of running a political campaign and other dynamics of the modern election process, should free speech theory continue to disfavor campaign spending limits and strict contribution caps imposed by Congress or state legislatures?
- In the age of mass digital communication technologies, are the "marketplace" and democratic deliberation models obsolete? Will democratic culture be preserved? Will the traditional press continue to be the public's information gathering and distribution agent, and does free speech law and theory have anything to say about that? What free speech model should drive the structure of mass media regulation in the digital age?
Participants
Geoffrey R. Stone, Edward H. Levi Distinguished Service Professor at the University of Chicago Law School will open the conference with an address entitled, "Free Speech in the 21st Century: What We Learned in the 20th Century."
The Honorable Alex Kozinski, chief judge of the U.S. Court of Appeals for the Ninth Circuit, and the Honorable Kevin J. Martin, chair of the Federal Communications Commission, will also deliver symposium addresses.
Jack M. Balkin is the Knight Professor of Constitutional Law and the First Amendment at Yale Law School.
Lillian R. BeVier is the David and Mary Harrison Distinguished Professor at the University of Virginia Law School.
David D. Hiller is publisher, president, and chief executive officer of the Los Angeles Times. Previously, the Harvard Law School graduate was president, publisher, and chief executive officer of the Chicago Tribune Company.
Samuel Issacharoff is the Bonnie and Richard Reiss Professor of Constitutional Law at New York University School of Law.
Alex Kozinski was appointed U.S. circuit judge for the Ninth Circuit in November 1985, and became chief judge in November 2007.
Kevin J. Martin is chair of the Federal Communications Commission, twice nominated and designated chair by President George W. Bush. Previously, Martin served as a special assistant to the president for economic policy in the White House and was on the staff of the National Economic Council.
Barry P. McDonald is associate professor of law at Pepperdine University School of Law where he presently teaches First Amendment law, constitutional law, and intellectual property law.
Lucas A. Powe, Jr., is the Anne Green Regents Chair in Law and professor of government at the University of Texas at Austin.
Frederick Schauer is the Frank Stanton Professor of the First Amendment and former academic dean of Harvard University.
Rodney A. Smolla is dean of the Washington and Lee University School of Law.
Kenneth W. Starr is the Duane and Kelly Roberts Dean and professor of law at Pepperdine University School of Law.
Geoffrey R. Stone is the Edward H. Levi Distinguished Service Professor of Law at the University of Chicago.
Nadine Strossen is president of the American Civil Liberties Union.
William W. Van Alstyne is the Lee Professor of Law at the Marshall-Wythe Law School at the College of William and Mary.
Eugene Volokh is the Gary T. Schwartz Professor of Law at UCLA School of Law.
For more information or to register, see the symposium Web site or contact Margaret Barfield at (310) 506-4653.


