Revolutionary Incitement and the Limits of Free Speech
A Symposium Commemorating the Centenary of
Gitlow v. New York
On November 2, 2024, the Sandra Day O’Connor College of Law at Arizona State University will hold a one-day symposium to examine influential aspects of the Supreme Court’s 1925 decision in Gitlow v. New York, which produced a landmark dissenting opinion by Justice Oliver Wendell Holmes.
ASU’s law school is located in downtown Phoenix and is housed in the new and highly-modern Beus Center for Law and Society, located at 111 East Taylor Street, Phoenix AZ, 85004.
Symposium Resources
Speakers
ROBERT POST
Robert Post is the Sterling Professor of Law at Yale Law School. He served as the School’s 16th dean from 2009 until 2017. Before coming to Yale, he taught at the University of California at Berkeley School of Law. Post specializes in constitutional law, with a particular emphasis on the First Amendment.
JOSEPH BLOCHER
Joseph Blocher is the Lanty L. Smith ’67 Distinguished Professor of Law and Senior Associate Dean of Faculty at Duke Law School, where he also directs the Center for Firearms Law. His primary academic interests include the First and Second Amendments and the relationship between law and violence, and he has published articles on those and other constitutional topics in the Harvard Law Review, Yale Law Journal, Stanford Law Review, and other academic journals.
FRANCISKA COLEMAN
Franciska Coleman is an Assistant Professor of Constitutional Law at the University of Wisconsin Law School, the Associate Director of the East Asian Legal Studies Center, and the Chair-Elect of the AALS Section on Constitutional Law. She is an interdisciplinary scholar whose work draws upon political theory, critical discourse analysis, and First Amendment Law.
THOMAS HEALY
Thomas Healy researches and writes in the fields of constitutional law, freedom of speech, legal history, civil rights, and federal courts. His book The Great Dissent: How Oliver Wendell Holmes Changed His Mind – and Changed the History of Free Speech in America won the Robert F. Kennedy Book Award, was selected as a New York Times Book Review editor’s choice, and was named one of the fifteen best non-fiction books of 2013 by the Christian Science Monitor.
PAUL HORWITZ
Paul Horwitz teaches courses that include law and religion, constitutional law, law and public policy, legal ethics, and legislation and regulation. A leading figure in First Amendment scholarship, he is the author of dozens of articles, including many in leading law reviews, and of two books, The Agnostic Age: Law, Religion, and the Constitution (Oxford University Press) and First Amendment Institutions (Harvard University Press). He has also written for many general-readership publications, such as The New York Times, and is a member of the popular legal blog Prawfsblawg.
JOHN INAZU
John Inazu is the Sally D. Danforth Distinguished Professor of Law and Religion at Washington University in St. Louis. His latest book is Learning to Disagree: The Surprising Path to Navigating Differences with Empathy and Respect (Zondervan, 2024). He is also the author of Liberty’s Refuge: The Forgotten Freedom of Assembly (Yale University Press, 2012) and Confident Pluralism: Surviving and Thriving Through Deep Difference (University of Chicago Press, 2016) and co-editor (with Tim Keller) of Uncommon Ground: Living Faithfully in a World of Difference (Thomas Nelson, 2020).
RONALD KROTOSZYNSKI
Ronald Krotoszynski earned his B.A. and M.A. from Emory University and J.D. and LL.M. from Duke University, where he was articles editor for the Duke Law Journal and selected for Order of the Coif. He clerked for the Honorable Frank M. Johnson, Jr, of the United States Court of Appeals for the Eleventh Circuit and was an associate with Covington & Burling, D.C.
GENEVIEVE LAKIER
Genevieve Lakier, Professor of Law, Herbert and Marjorie Fried Teaching Scholar, teaches and writes about freedom of speech and American constitutional law. Her work examines the changing meaning of freedom of speech in the United States, the role that legislatures play in safeguarding free speech values, and the fight over freedom of speech on social media platforms.
HELEN NORTON
Helen Norton is a University Distinguished Professor and Rothgerber Chair in Constitutional Law at the University of Colorado School of Law. Her scholarly and teaching interests include constitutional and civil rights law. Before entering academia, Professor Norton served as Deputy Assistant Attorney General for Civil Rights at the U.S. Department of Justice, on President-elect Barack Obama’s transition team, and as Director of Legal and Public Policy at the National Partnership for Women & Families.
AMANDA SHANOR
Amanda Shanor is an Assistant Professor at the Wharton School of the University of Pennsylvania who teaches and writes about constitutional law, particularly the freedom of speech. Shanor’s research explores the changing meaning of the First Amendment and the forces that affect it; democratic theory, illiberalism, and equality, and the intersection of constitutional law and economic life.
JAMES Y. STERN
James Stern joined the William & Mary faculty in 2013. His scholarship centers on property and private law theory and on intellectual property, privacy, and related issues. His articles have been published in leading legal journals, including the California Law Review, the Harvard Law Review, and the Michigan Law Review, and have been cited by various courts, including the U.S. Supreme Court.
LAURA WEINRIB
Laura Weinrib is the Fred N. Fishman Professor of Constitutional Law at Harvard Law School and Suzanne Young Murray Professor at the Radcliffe Institute for Advanced Study. A legal historian, she studies how social movements have transformed constitutional categories to pursue political and economic change.
ILAN WURMAN
Ilan Wurman is an associate professor of law at the University of Minnesota, where he teaches administrative law and constitutional law. He previously taught at Arizona State University. He writes primarily on the Fourteenth Amendment, administrative law, separation of powers, and constitutionalism. His academic writing has appeared in the Yale Law Journal, the Stanford Law Review, the University of Chicago Law Review, the University of Pennsylvania Law Review, the Virginia Law Review, the Duke Law Journal, the Minnesota Law Review, the Notre Dame Law Review, the Texas Law Review, and more
Fellows
SEAN BEIENBURG
Sean Beienburg teaches American constitutionalism in the School of Civic and Economic Thought and Leadership at Arizona State University. He is the author of Progressive States’ Rights: The Forgotten History of Federalism (Kansas, 2024) and Prohibition, the Constitution, and States’ Rights (Chicago, 2019), and directs the Arizona Constitution Project as part of his department’s Center for American Civics. His teaching and research interests include the U.S. Constitution and constitutional law, federalism and state constitutionalism/politics, Arizona constitutionalism, American political thought and development, executive power (both presidential and gubernatorial), 19th and early 20th century political and constitutional history, and Prohibition. He completed his doctorate at Princeton University.
LAUREN BELLA
Lauren Bella is a commercial real estate attorney at Fennemore Craig and a recent graduate of Arizona State University College of Law. Driven by her interest in constitutional law, especially its relevance to contemporary issues, Lauren shaped her academic path around this area of study. She spent three semesters as a Research Assistant to Professor James Weinstein, assisting with his scholarly work on the First Amendment. Lauren also served as his Teaching Assistant for a First Amendment course he taught at Yale University.
KATHLEEN E. BRODY
Kathleen E. Brody, a former Legal Director of the ACLU of Arizona, handles all types of criminal, regulatory, and administrative matters. Her practice focuses on assisting individuals, corporations, and other entities with special projects and complex matters where criminal law issues intersect with constitutional rights, civil liability, politics, and public relations. Kathy is known for her attention to detail, top-quality work product, and ability to synthesize and simplify complicated matters to find solutions for her clients.
Kathy represents and advises clients in connection with all types of interactions with the government, including defending clients in active criminal and other enforcement proceedings, responding to subpoenas and other requests for information, representing clients in government interviews, and assisting clients with making reports to government agencies. Kathy also has considerable experience in complex compliance matters, including those involving deferred prosecution agreements and corporate monitors.
RONALD COLLINS
Ronald Collins is the Lewes Public Library’s Distinguished Lecturer. He is a retired law professor, having last taught at the University of Washington School of Law, where he was the Harold S. Sheffelman scholar in constitutional law. Prior to that, he was a scholar at the Freedom Forum’s First Amendment Center in Washington, D.C. Collins served as a Judicial Fellow under Supreme Court Chief Justice Warren Burger. Before that, he clerked for Justice Hans Linde on the Oregon Supreme Court and, prior to that, worked for the Legal Aid Foundation of Los Angeles. He has scholarly publications in over 50 academic journals, including the Harvard and Stanford Law Reviews and in the Supreme Court Review. He is the author of 13 books published by, among others, Oxford and Cambridge University Presses. His books have been on various topics, such as Simone Weil, Supreme Court justices, civil rights, free speech, artificial intelligence, contracts, and American poetry and literature. In 2010, Collins was selected as a Norman Mailer Fellow in fiction writing with a residence in Provincetown (long in the works, he has three forthcoming books of fiction). His latest book is Tragedy on Trial: The Story of the Infamous Emmett Till Murder Trial (2024, Foreword by Congressman Bobby Rush and Introduction by Smithsonian Secretary Lonnie Bunch). The book, which will be the focus of two events at the Harvard Law School this fall, has been described as “groundbreaking” by Janai Nelson (President of the NAACP Legal Defense Fund). Congressman Rush hailed the work as an “amazing book that throws yet more logs on the raging fire of the judicial injustice that still permeates America’s legal system.” He is currently teaching a class on the book at the Lewes Public Library. His next book is on the Delaware companion case to Brown v. Board of Education. His many op-eds have appeared in The New York Times, Washington Post, Los Angeles Times, Chicago Tribune, and The Foreword, among other publications. Collins is also the co-founder of the History Book Festival and has been invited to speak at numerous venues, including the National Archives. He lives with his wife in Lewes, Delaware.
EVELYN DOUEK
Evelyn Douek is an Assistant Professor of Law at Stanford Law School. Before joining Stanford, she was a senior research fellow at the Knight First Amendment Institute at Columbia University, where she completed a doctorate at Harvard Law School. Prior to attending HLS, Evelyn was an Associate (clerk) to the Honourable Chief Justice Susan Kiefel of the High Court of Australia. Evelyn’s research has appeared or is forthcoming in the Harvard Law Review, California Law Review, Columbia Law Review, the University of Chicago Law Review Online, Lawfare, The Atlantic, WIRED, Slate, and a number of other publications. Being human, Evelyn naturally has a couple of podcasts, most recently as host of Moderated Content, a podcast content from Stanford Law School about content moderation.
ERIC B. EASTON
Eric B. Easton is a Professor of Law Emeritus at the University of Baltimore School of Law, where he specialized in Media Law and Legal Writing for more than 25 years. He is the author of The Life and Crimes of Jared Flagg; New York Times v. Sullivan: Documentary Supplement; Defending the Masses: A Progressive Lawyer’s Battles for Free Speech; and Mobilizing the Press: Defending the First Amendment in the Supreme Court. He is also co-author of The Law of Advertising, a multi-volume treatise, and was the founding editor of the peer-reviewed Journal of Media Law & Ethics.
Before joining the UB faculty, Professor Easton taught Media Law and other subjects at Loyola University-Maryland. He has also taught Comparative Media Law at the University of Aberdeen, Scotland; Shandong University, China; and the University of the Netherlands Antilles. He was a visiting scholar at the Journalism Institute of the Chinese Academy of Social Sciences, Beijing, and a Fulbright Specialist at the University of Pristina, Kosovo.
Professor Easton holds a Ph.D. from the Philip Merrill College of Journalism, University of Maryland; a J.D. from the Francis King Carey School of Law, University of Maryland; and a B.S. from the Medill School of Journalism, Northwestern University. He was a professional journalist for more than 20 years before joining the academy. His work in progress includes Lawyers of the Old Left, professional profiles of Morris Hillquit, Seymour Stedman, and Charles Recht, and The Trials and Tribulations of Dudley Field Malone, a biography.
AIMEE GRAINER
Aimee Grainer is a current J.D. candidate at Columbia Law School. She has served as Co-President of Columbia’s American Civil Liberties Union Chapter, Vice President of the Criminal Justice Action Network, Education Law & Policy Representative, and Editor at the Columbia Law Review. Aimee is also a Lead Research Assistant to Professor Elizabeth Francis Emens, an incoming Project Associate at the Center for Public Research and Leadership, and an alum of Columbia’s Human Rights Internship Program and Universität Hamburg Refugee Law Clinic. Prior to law school, Aimee served in several leadership roles in public education administration and policy, where she focused on school enrollment reform and early childhood education access. Aimee is interested in international human rights, transnational law, national security, and civil and constitutional liberties.
THE HONORABLE MICHAEL DALY HAWKINS
The Honorable Michael Daly Hawkins is the Senior Judge, U.S. Court of Appeals (9th Cir.), a graduate of Arizona State University (BA, JD) and the University of Virginia (LLM). He also serves as Editor-in-Chief of Western Legal History, a publication of the Ninth Judicial Circuit Historical Society (NJCHS), a recent issue of which was devoted to the competing claims & history of water in the West. He served as Captain in the U.S. Marine Corps, served as a Pro Tem judge on the Arizona Court of Appeals, and later as the United States Attorney for Arizona.
CARLTON LARSON
Carlton Larson is a scholar of American constitutional law and Anglo-American legal history. His scholarship addresses a wide range of issues, including enemy combatant detentions, legacy preferences in public universities, the historical basis of Second Amendment rights, and parents’ rights to name their children.
Professor Larson is one of the nation’s leading authorities on the law of treason and is the author of the books On Treason: A Citizen’s Guide to the Law (Ecco/HarperCollins) and The Trials of Allegiance: Treason, Juries, and the American Revolution (Oxford University Press).
Professor Larson’s scholarship has been cited by numerous federal and state courts and has been profiled in The New York Times, The Economist, TIME, and many other publications. He is a frequent commentator for the national media on constitutional law issues.
Professor Larson is a graduate of Harvard University and Yale Law School, where he was an Articles Editor of The Yale Law Journal and Executive Editor of The Yale Journal of Law & the Humanities. Prior to joining the UC Davis law faculty, Professor Larson served as a law clerk to Judge Michael Daly Hawkins of the United States Court of Appeals for the Ninth Circuit and spent three years as a commercial litigator at Covington & Burling in Washington, DC.
SYLVAN LEBRUN
Sylvan Lebrun is a reporter currently covering emerging news and education for the Chicago Tribune. Previously, she has also worked in the newsrooms of The Wall Street Journal’s Tokyo bureau and The Blade in Toledo, Ohio. Sylvan is a recent graduate of Yale University, where she studied comparative literature. Sylvan served as managing editor of the Yale Daily News and reported on New Haven city government and housing policy. She grew up in Tokyo, Japan.
STEFANIE LINDQUIST
Stefanie Lindquist before joining WashU Law, she served as Senior Vice President for Global Academic Initiatives at Arizona State University. Her other service at ASU included heading ASU’s Global Academic Initiatives as senior vice president in the Office of the Provost and Professor of Law and Political Sciences in the School of Global Politics and the Sandra Day O’Connor College of Law. She also served as Deputy Provost and Vice President for Academic Affairs and was a Foundation Professor of Law and Political Science at ASU from 2016 to 2019.
Lindquist was Dean and Arch Professor at the University of Georgia’s School of Public and International Affairs from 2013 to 2016, after serving as interim dean, associate dean for outreach, and associate dean for academic affairs at the University of Texas School of Law. Before teaching at the University of Texas, Lindquist taught law and political science at Vanderbilt University. She also served as a visiting faculty member at the University of Southern California Gould School of Law in 2013.
Known for her expertise in judicial behavior and constitutional law, Lindquist has authored numerous influential publications and has been a prominent voice in the legal community. Her book, “Measuring Judicial Activism,” is the first publication to define the oft-used term quantitatively. She has co-authored three books and has authored dozens of published articles and book chapters. Her book, “Measuring Judicial Activism,” is the first publication to define the oft-used term quantitatively.
In addition to her scholarship, Dean Lindquist’s teaching is highly regarded; she was awarded the Robert Birkby Award for Excellence in Teaching Political Science during her tenure at Vanderbilt University, and while at the University of Georgia, she was named Professor of the Year and earned its University-Wide Teaching Award.
Lindquist oversaw the Temple University Law Review, serving as its editor-in-chief. After graduating Magna Cum Laude, she clerked for the Honorable Anthony J. Scirica at the United States Court of Appeals for the Third Circuit in Philadelphia and later practiced law at Latham and Watkins in Washington, D.C. She also served as a research associate at the Federal Judicial Center in Washington D.C. assisting committees of the Federal Judicial Conference in addressing questions of judicial administration.
LUKE SMITH MORGAN
Luke Smith Morgan’s research focuses on doctrinal development and the relationship between the legal process and democratic political economy. His scholarship —examining these topics primarily within the context of the Free Speech Clause, the Press Clause, and the Second Amendment — has been published in the Duke Law Journal, Hastings Constitutional Law Quarterly, William and Mary Bill of Rights Journal, and the Penn State Law Review. He currently works for a nonprofit, focusing on developing impactful legal strategies to encourage corporate environmental and social responsibility, protect shareholders’ rights, and promote a sensible regulatory environment.
AUSTIN YOST
Austin Yost is an attorney at Coppersmith Brockelman PLC in Phoenix, Arizona. He focuses his practice on political law, public law, and commercial litigation. He represents clients in trial and appellate courts in a wide range of matters involving, among other things, election-related litigation, state and federal constitutional issues, real estate transactions, and various business disputes. Austin also maintains an active pro bono practice centered on civil rights and criminal justice issues.
Before joining Coppersmith Brockelman, Austin practiced for several years at Perkins Coie LLP. Prior to that, he served as a law clerk to the Honorable Vice Chief Justice John Pelander of the Arizona Supreme Court. Austin graduated summa cum laude from ASU’s Sandra Day O’Connor College of Law in 2017 and received the John S. Armstrong Award as the outstanding graduate in his class.
DANNY LI
Danny Li is a current judicial law clerk at the United States District Court for the Southern District of New York. After graduating from Yale Law School in 2022, he worked as a litigation associate at Jenner & Block LLP (Washington, DC) and completed a clerkship with the Hon. Alison J. Nathan on the United States Court of Appeals for the Second Circuit. His writings have appeared or are forthcoming in The Yale Law Journal, the Michigan Law Review, and the William & Mary Bill of Rights Journal.
THE HONORABLE MICHAEL T. LIBURDI
The Honorable Michael T. Liburdi is a United States District Judge for the District of Arizona located in Phoenix. His judicial service began in August 2019.
Immediately prior to his judicial appointment, Judge Liburdi was a shareholder at the international law firm of Greenberg Traurig, LLP. He was also a partner at the Phoenix office of Snell & Wilmer L.L.P. Judge Liburdi entered private practice with the law firm of Brown & Bain P.A., which became the Phoenix office of Perkins Coie LLP. Judge Liburdi’s private sector law practice included complex commercial litigation, antitrust, constitutional law, and political and election law.
From 2015-2018, Judge Liburdi served as General Counsel to Arizona Governor Douglas A. Ducey. He provided legal advice to the Governor, advised on and vetted appointments to the state judicial branch, directed litigation involving the state agencies, and worked with members of the Arizona Legislature and Arizona’s Congressional delegation on legal policy issues.
Judge Liburdi began his legal career as a law clerk to the Honorable Ruth V. McGregor on the Arizona Supreme Court.
Judge Liburdi has served as an adjunct professor of law at the Sandra Day O’Connor College of Law at Arizona State University.
Judge Liburdi earned his Juris Doctorate magna cum laude from the Sandra Day O’Connor College of Law and a Bachelor of Science degree summa cum laude from Arizona State University.
SAM RUDOVSKY
Sam Rudovsky, a 2024 graduate of Penn Law, is currently clerking for Judge Gerald McHugh in the Eastern District of Pennsylvania. During his 2L summer, he worked with the Brennan Center’s Liberty and National Security Group. Sam has written on platform transparency, free speech on campus, hate speech, Section 702, as well as the NetChoice cases and Murthy v. Missouri. He is most interested in First Amendment work but also has a strong interest in civil rights litigation and economic justice.
DARLENY ROSA
Moderators
Symposium Organizing Committee
PAUL F. ECKSTEIN
Paul F. Eckstein is a partner in the Phoenix office of Perkins Coie LLP, a national law firm with over 1,200 lawyers. A graduate of Pomona College (1962) and Harvard Law School (1965), Mr. Eckstein has practiced law at Perkins Coie LLP and its predecessors since his admission to the Arizona Bar in 1965. For his first three years in practice, Mr. Eckstein emphasized transactional and tax work. For the last 56 plus years, Mr. Eckstein’s practice has focused on civil litigation matters at both the trial and appellate level, with special emphasis on First Amendment, federal and state constitutional, election (including numerous cases involving initiatives and referenda), antitrust, intellectual property and commercial law issues. Mr. Eckstein is a Fellow of the American College of Trial Lawyers. In 1988, Mr. Eckstein served as co-prosecutor in the impeachment trial of Gov. Evan Mecham. Mr. Eckstein was an adjunct professor and taught constitutional law at the Sandra Day O’Connor College of Law at Arizona State University from 2016-2020 and in 2022.
THE HONORABLE CLINT BOLICK
The Honorable Clint Bolick was appointed to the Arizona Supreme Court in 2016 and, in 2018 was retained by the voters for a six-year term. Prior to joining the Court, Justice Bolick litigated constitutional cases in state and federal courts from coast to coast, including the U.S. Supreme Court. Among other positions, he served as Vice President for Litigation at the Goldwater Institute and as Co-founder and Vice President for Litigation at the Institute for Justice. He has litigated in support of school choice, private property rights, freedom of speech, and federalism, and against racial classifications and government subsidies. Justice Bolick received his J.D. from the University of California at Davis and his Bachelor of Arts degree from Drew University. Justice Bolick has written a dozen books and hundreds of articles. Among his most recent books are Immigration Wars: Forging an American Solution, co-authored with former Florida Governor Jeb Bush; and David’s Hammer: The Case for an Activist Judiciary. Justice Bolick teaches constitutional law at ASU as an adjunct professor every fall.
ASHUTOSH BHAGWAT
Ashutosh Bhagwat is a Distinguished Professor of Law and the Boochever and Bird Endowed Chair for the Study and Teaching of Freedom and Equality at the School of Law, University of California, Davis, where he teaches Administrative Law, Constitutional Law, and Economic Regulation. Prior to joining the Davis faculty in 2011, Professor Bhagwat was a member of the faculty at UC Law San Francisco (formerly UC Hastings) for seventeen years. Professor Bhagwat holds a B.A., summa cum laude with Honors in History, from Yale College and a J.D. with Honors from The University of Chicago Law School, where he served as Articles Editor of the University of Chicago Law Review. He clerked for Judge Richard Posner of the Seventh Circuit and Justice Anthony Kennedy of the United States Supreme Court. Professor Bhagwat is the author of Our Democratic First Amendment, published by the Cambridge University Press in 2020, as well as numerous books and articles on a wide variety of legal subjects, with a particular focus on the First Amendment. Professor Bhagwat is a member of the American Law Institute.
JAMES WEINSTEIN
James Weinstein is the Dan Cracchiolo Chair in Constitutional Law in the Sandra Day O’Connor College of Law, Arizona State University.
Professor Weinstein’s academic interests are constitutional law, especially free speech, as well as jurisprudence and legal history. He is co-editor of Extreme Speech and Democracy (Oxford University Press 2009, paperback edition 2010) and the author of Hate Speech, Pornography and the Radical Attack on Free Speech Doctrine (Westview Press 1999). He has written numerous articles in law review symposia on a variety of free speech topics, including free speech theory, obscenity doctrine, institutional review boards, commercial speech, database protection, campaign finance laws, the relationship between free speech and other constitutional rights, hate crimes, campus speech, regulation of disinformation, and online harassment. Professor Weinstein has litigated several significant free speech cases, primarily on behalf of Arizona Civil Liberties Union.
ASHUTOSH BHAGWAT
Distinguished Professor of Law
Boochever and Bird Endowed Chair for the Study and
Teaching of Freedom and Equality
Davis School of Law, University of California
VINCENT BLASI
Corliss Lamont, Professor Emeritus of Civil Liberties
Columbia Law School
THOMAS HEALY
Board of Visitors Distinguished Professor of Law
Seton Hall University School of Law
JAMES WEINSTEIN
Dan Cracchiolo, Chair in Constitutional Law
Professor of Law, Sandra Day O’Connor College of Law
Arizona State University