Paul Safier – Of Counsel, Ballard Spahr LLP, Philadelphia, PAġ2:30 – 1:15 From Across the Atlantic: A heads-up on what EU Influence to anticipate on the U.S.Allen Dickerson – Legal Director, Institute For Free Speech, Washington, DC.Weiner – Deputy Director, Election Reform Program, Brennan Center for Justice, Washington, DC Pildes – Sudler Family Professor of Constitutional Law, NYU Law School, New York, NY What are the boundaries of the state’s power to require disclosures under the First Amendment? The Fourth Circuit recently held that Maryland’s attempt to do so was unconstitutional. In the wake of the 2016 election, states are getting more aggressive in regulating online political advertising, including by trying to shift some of the disclosure and record-keeping burdens onto the media platforms that host political ads, as opposed to just the advertisers themselves. Amanda Shanor - Assistant Professor, Wharton School of the University of Pennsylvania, Philadelphia, PAġ0:45 – Noon Regulating Political Advertising Online: Is disclosure still the key?.Genevieve Lakier - Assistant Professor of Law, Herbert and Marjorie Fried Teaching Scholar, University of Chicago Law School, Chicago, IL.Beth Brinkmann – Partner, Covington, Washington, DC.Robert Post – Sterling Professor of Law, Yale Law School, New Haven, CT.I am delighted to say that we have worked together on briefs, that I have learned much from her and that her scholarship is of the highest order.ĩ:00 – 10:30 The Supreme Court’s Framework for Commercial Speech: Shifting? Unmoored? She is a scholar in constitutional law and, in particular, the First Amendment. Amanda is an Assistant Professor at the Wharton School at the University of Pennsylvania. Our first panel today is chaired by Amanda Shanor. The second is the potential impact of these decisions on other far more clearly established areas of First Amendment protection of speech.Īnd the third and most difficult one is this: What has been the impact on American society of the half-century of generally increasing protection of commercial speech?Is the public better informed because of the rulings? Has the health or other well- being of the public been adversely affected? Would we live in a much different world if then Justice Rehnquist’s dissent in the Virginia State Pharmacy Board case had carried the day? And if so, how? The first is just how far we have come in a time span that at least some of us are old enough to remember from its inception. So I suggest to you that as we proceed today that you keep in mind three topics. And it was in 1976, in the Virginia State Pharmacy Board case, that for the first time a law banning commercial speech was held by the Supreme Court to be unconstitutional based on the First Amendment. It was in 19 that the Supreme Court first made clear that there was no per se exception of commercial speech from First Amendment review. It was 1971 when the words “commercial speech” were first used in a judicial opinion. We’re meeting a full half-century after the beginning of the decade during which First Amendment protection for commercial speech was born. But if only to retain our sanity, we must continue to do just that, particularly when the First Amendment is involved. I know that in the world we live in these days, in which we may shortly be governed under the Insurrection Act of 1807, it may seem a bit anomalous, even incongruous, to focus on anything else. And to tell you all that this presentation today could not have occurred without the dedicated and superlative efforts of Sandy Baron, without whom there would have no conference at all. THE FIFTH ANNUAL COMMERCIAL SPEECH AND THE FIRST AMENDMENTīios and Readings are located at the bottom of this page.Ĩ:45 – 9:00 Welcome by Sandra Baron and Introduction by Floyd Abramsįloyd Abrams "I’d like, at the outset, to thank all of you who are participating as panelists or virtual attendees for doing so. From Yale Law School’s Floyd Abrams Institute for Freedom of Expression
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