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X-ORIGINAL-URL:https://constitutionaldesign.asu.edu
X-WR-CALDESC:Events for Center for Constitutional Design
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DTSTART:20230101T000000
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DTSTART;TZID=America/Phoenix:20230301T121500
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DTSTAMP:20260515T084705
CREATED:20230221T165638Z
LAST-MODIFIED:20230221T221857Z
UID:1537-1677672900-1677676500@constitutionaldesign.asu.edu
SUMMARY:The Irrelevant First Amendment
DESCRIPTION:A Presentation by Ashutosh Bhagwat  \n\n\n\nwith Commentary by James Weinstein \n\n\n\n\n\nRoom 150\, Beus Center for Law and Society \n\n\n\nThe Center for Constitutional Design will host a conversation about whether the First Amendment continues to protect free expression in contemporary American society. \n\n\n\nDespite its cultural prominence and the Roberts’ Court’s broad interpretations andvigorous enforcement of it\, in today’s world the First Amendment provides little or noprotection for free expression in the most contested areas for a number of reasons. Firstand foremost\, the vast majority of public discourse today occurs on privately-ownedinternet platforms\, yet the state action doctrine means that the First Amendment does notconstrain content moderation and/or censorship by these platforms. In addition\, in recentyears the Supreme Court has greatly expanded the government’s power to exercise controlover speech internal to the government itself\, free of First Amendment constraints. Thesedevelopments have effectively immunized from First Amendment scrutiny such things asFlorida’s “Don’t Say Gay” law aggressively restricting speech by classroom teachers\, or thecurrent wave of bans on books discussing race discrimination and sexual orientation inpublic school (and sometimes public) libraries. Finally\, under current law the FirstAmendment also does not touch upon ideological conformity imposed by privateemployers\, including private universities supposedly committed to academic freedom\, asillustrated by the recent fiascos at Hamline University and Harvard’s Kennedy School. So\,what is to be done? Should First Amendment doctrine be altered to extend FirstAmendment protection to platform users\, government employees\, and private universitystudents and employees? Or are we to acknowledge that the Golden Age of the FirstAmendment is over? \n\n\n\nBring your questions and join us for lunch and a provocative conversation about the continued relevance of the First Amendment. \n\n\n\n\n\n\n\n  \n          \n                  \n              \n        \n      \n                  Ashutosh Bhagwat              \n              \n          \n            Boochever and Bird Endowed Chair for the Study and Teaching of Freedom and Equality and Martin Luther King Jr. Professor of Law           \n        \n                          \n          Read More\n         \n                \n  \n\n\n\n\n\n\n  \n          \n                  \n              \n        \n      \n                  James Weinstein               \n              \n          \n            Dan Cracchiolo Chair in Constitutional Law in the Sandra Day O’Connor College of Law\, a faculty fellow in the Center for Law\, Science and Innovation at Arizona State University and an associate fellow with the Centre for Public Law at the University of Cambridge.            \n        \n                          \n          Read More
URL:https://constitutionaldesign.asu.edu/event/the-irrelevant-first-amendment-2/
LOCATION:Location: Beus Center for Law and Society\, 111 E Taylor St\, Phoenix\, Arizona\, 85004\, United States
ATTACH;FMTTYPE=image/png:https://constitutionaldesign.asu.edu/wp-content/uploads/2023/02/Screenshot-2023-02-21-141125.png
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