Freedom of Speech and Private Power [2019 NLC]

Should the government protect speech against private power and not just governmental power? Many states restrict private employers’ ability to fire employees based on their speech. A few protect private college students, private high school students, or speakers at private shopping malls. And of course employment law and public accommodation law routinely ban private discrimination based on religion, including based on religious speech.

Should the federal and state governments provide comparable protection against private discrimination based on political affiliation, including political speech? Should the government require colleges and universities to demonstrate a commitment to free speech to receive government funding? Should banks, insurers, and social media platforms be required to protect free speech? Or should private entities remain largely free (or even become freer) to discriminate based on speech and ideology?

FEATURING

- Prof. Adam Candeub, Professor of Law and Director, Intellectual Property, Information & Communications Law Program, Michigan State University College of Law

- Ms. Harmeet K. Dhillon, Founding Partner, Dhillon Law Group Inc.

- Prof. Eric Goldman, Professor of Law and Co-Director, High Tech Law Institute, Santa Clara University School of Law

- Prof. Eugene Volokh, Gary T. Schwartz Distinguished Professor of Law, UCLA School of Law

- Moderator: Hon. Britt C. Grant, United States Court of Appeals, Eleventh Circuit

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

[2019