Commercial Speech and the First Amendment: Past, Present, and Future
Friday, October 14, 2016
Symposium Origin
This symposium, entitled "Commercial Speech and the First Amendment: Past, Present, and Future," will commemorate the 45th anniversary of the publication of Martin Redish's first article, which for the first time presented a detailed theoretical argument to support the position that commercial speech is deserving of substantial constitutional protection under the First Amendment guarantee of free expression. The article, entitled "The First Amendment in the Marketplace: Commercial Speech and the Values of Free Expression," 39 George Washington L. Rev. 429 (1971), grounded its conclusion on its development of the concept of "private self-government," under which private individuals are deemed to be as much in need of information and opinion concerning their private life-affecting choices as they are concerning information relevant to collective self-governing decisions in the political process. As a result, speech concerning the relative merits of commercial products and services is deemed as important to the facilitation of the democratic process as is fully protected political expression.
At the time of its publication, the article represented a radical departure from long accepted First Amendment doctrine, which summarily and conclusorily excluded commercial speech from the First Amendment's protective scope. Five years later, Supreme Court doctrine changed significantly, and in the years since that decision commercial speech has been extended substantial First Amendment protection. In addition, the subject of commercial speech protection has become among the most controversial issues in constitutional scholarship.
Symposium Overview
In recent years, a number of important scholarly and popular sources have pointed to Professor Redish's 1971 article as the origin of the modern commercial speech doctrine. The goal of this symposium is to commemorate that article by exploring the history, current status, and future of commercial speech within the theory and doctrine of the First Amendment guarantee of free expression. Scholars who will speak at the symposium include some of the leading commentators on the First Amendment right of free expression in general and commercial speech in particular.
The symposium is free and open to the public and will provide 6 CLE credit hours in the State of Illinois.
Featured Speakers
Floyd Abrams, Cahill Gordon & Reindel, LLPDouglas W. Kmiec, Pepperdine School of Law
Andrew M. Koppelman, Northwestern Pritzker School of Law
Hon. Alex Kozinski, United States Court of Appeals for the Ninth Circuit
Alan B. Morrison, The George Washington University Law School
Burt Neuborne, New York University School of Law
Tamara R. Piety, The University of Tulsa College of Law
Martin H. Redish, Northwestern Pritzker School of Law
Adam M. Samaha, New York University School of Law
Frederick Schauer, University of Virginia School of Law
Laura Weinrib, The University of Chicago Law School
Symposium Papers
Papers from the symposium will be published in a special symposium issue of the William & Mary Bill of Rights Journal.
Symposium Schedule
Registration & Continental Breakfast - 8:15 a.m. to 9:00 a.m., Rubloff Room 150
Welcome:
9:00 a.m. to 9:10 a.m.
- Morton Schapiro - President, Northwestern University
Introduction:
9:10 a.m. to 9:15 a.m.
- Andrew M. Koppelman - John Paul Stevens Professor of Law
Northwestern Pritzker School of Law
Paper Presentations:
9:15 a.m. to 11:45 a.m.
Moderator: Jason C. DeSanto - Senior Lecturer
Northwestern Pritzker School of Law
- Martin H. Redish - Louis and Harriet Ancel Professor of Law and Public Policy
Northwestern Pritzker School of Law
"Commercial Speech and the Evolution of the Equivalency Principle"
- Tamara R. Piety - Professor of Law
The University of Tulsa College of Law
"The Value of Legal Scholarship and the Evolution of the Commercial Speech
Doctrine as a Case Study"
- Laura Weinrib - Assistant Professor of Law and Herbert and Marjorie Fried Teaching Scholar
The University of Chicago Law School
"Free Speech and Free Enterprise: The New Deal Origins of First Amendment
Protection for Commercial Speech"
- The Honorable Alex Kozinski - Judge
United States Court of Appeals for the Ninth Circuit
"Commentary on Commercial Speech Issues"
Buffet Lunch - 11:45 a.m. to 12:45 p.m., Thorne Auditorium Lobby
Paper Presentations:
12:45 p.m. to 2:45 p.m.
Moderator: Andrew M. Koppelman - John Paul Stevens Professor of Law
Northwestern Pritzker School of Law
- Adam M. Samaha - Professor of Law
New York University School of Law
"Are Commercial Speech Cases Ideological?"
- Burt Neuborne - Norman Dorsen Professor of Civil Liberties; Founding Legal Director, Brennan Center for Justice
New York University School of Law
"The Role of Hearer in Mr. Madison's Neighborhood"
- Floyd Abrams - Partner
Cahill Gordon & Reindell, LLP
"First Amendment Musings on Corporate and Commercial Speech"
Coffee and Tea Break - 2:45 p.m. to 3:00 p.m., Rubloff Room 150
Paper Presentations:
3:00 p.m. to 5:00 p.m.
Moderator: James E. Pfander - Owen L. Coon Professor of Law
Northwestern Pritzker School of Law
- Douglas W. Kmiec - Professor of Constitutional Law and Caruso Family Chair in Constitutional Law; Ambassador of the United States (Ret.)
Pepperdine University School of Law
"Uncivil and Untruthful Expression is Unworthy of Constitutional Protection"
- Alan B. Morrison - Lerner Family Associate Dean for Public Interest and Public Service Law; Professorial Lecturer in Law
The George Washington University Law School
"No Regrets (Almost): After Virginia Board of Pharmacy"
- Frederick Schauer - David and Mary Harrison Distinguished Professor of Law
University of Virginia School of Law
"False or Misleading"
Closing Remarks:
5:00 p.m. to 5:10 p.m.
- Daniel B. Rodriguez - Dean and Harold Washington Professor, Northwestern Pritzker School of Law
Beer & Wine Reception - 5:15 p.m. to 6:30 p.m., Thorne Auditorium Lobby
Registration
Attendance at the symposium is by advance registration only. Registration for this event is now closed. Registration questions should be directed to Cara Peterson, Events Coordinator, at cara.peterson@law.northwestern.edu or by calling 312-503-3078.