“Hot Speech” on Campus and in the Profession in Times of Turbulence

When is speech too hot to handle? This day-long, in-person Presidential Program explores how the law shapes, protects and limits speech and political expression on our campuses and in our profession. Inspired by events here in New York flowing from the Israel-Hamas war, the program offers approaches for leaders of law schools and legal workplaces in framing responses to controversial speech and political action, which can be applied to other highly charged topics during turbulent times, such as election interference, DEI policies, immigration and abortion.

The program starts by presenting the historical and foundational aspects of the law related to free speech, free expression and academic freedom on campus. A renowned historian of the McCarthy era presents thoughts on labeling, censoring and policing political speech. Discussion then moves to a panel comprised of law school and university leaders and others who take on context-based hypotheticals in roles that challenge them to view the situation from various perspectives. The afternoon proceeds in a similar format: a presentation of the historical and foundational aspects of the law related to controversial speech and political action in the workplace, followed by a panel discussion including leaders from large and small law firm, government offices and corporate counsel offices.

Welcome:
Susan J. Kohlmann, President, New York City Bar Association

Introduction to Panel 1:
Matthew Diller, Dean, Fordham Law School
Hon. Marcy L. Kahn, Ret. Associate Judge, New York State Appellate Division, First Department
Robert Post, Former Dean and current Sterling Professor of Law, Yale University Law School
Ellen Schrecker, Professor Emerita of American History, Yeshiva University

Panel 1: Hot Speech in our Law Schools and on our Campuses

Speakers:
Mark C. Alexander, Dean, Villanova University Law School; Former President, Association of American Law Schools
Jonathan Friedman, Sy Syms Director of U.S. Free Expression Programs, PEN America
Lauren Hartz, Partner, Jenner & Block and Co-Chair-Education Practice Group, Co-Chair, DEI Protection Task Force
Trevor Morrison, Former Dean, NYU Law School

Moderator:
Dean Matthew Diller, Dean, Fordham Law School

Lunch and Luncheon Program:
The Role of the Media in Hot Speech: Reporting, Distorting, Covering and Uncovering
Victoria Baranetsky, General Counsel at the Center for Investigative Reporting
Anil Kalhan, Professor of Law at Drexel University and Affiliated Fellow at the Yale Law School Information Society Project
Najib Aminy, Producer, Reveal from the Center for Investigative Reporting
A box lunch will be provided.

Introduction to Panel 2:
Mary Lu Bilek, Former Dean, CUNY Law and UMass Law
Kathleen Peratis, Partner, Outten and Golden; Trustee Emerita, Human Rights Watch; former Chair, New York Civil Liberties Union

Panel 2: Hot Speech in Lawyer Workplaces

Speakers:
Catherine Christian, Partner, Liston Abramson; former Assistant District Attorney, Manhattan D.A.’s Office & NYC Special Narcotics Prosecutor’s Office
Nikia Gray, CEO, National Association of Law Placement (NALP)
Brad Karp, Chair, Paul Weiss
Brittani McDonald, Senior Counsel, Labor & Employment, Diageo
Kathleen Peratis, Partner, Outten and Golden; Trustee Emerita, Human Rights Watch; former Chair, New York Civil Liberties Union

Moderator:
Susan Kohlmann, President, New York City Bar Association

Sponsoring Committees:
Rule of Law Task Force, Marcy Kahn, Chair
Council on the Profession, Christopher Wilds & Mary Lu Bilek, Co-Chairs
Civil Rights, Molly Thomas-Jensen & Evan Henley, Co-Chairs
Communications & Media Law Committee, Ravi V. Sitwala, Chair
Diversity, Equity & Inclusion, Brittani McDonald & David Sarnoff, Co-Chairs
Education and the Law, Rebecca Berkebile & Jonathan Glater, Co-Chairs
Labor & Employment,Tracey Salmon-Smith, Chair
Law Student Perspectives, Jesse L. Kearney Jr., Chair
Lawyer Assistance Program, Eileen Travis, Executive Director
Lawyer Assistance Program Committee, Priscilla Lundin, Chair
Middle Eastern & North African Affairs Committee, Robert Michael & Hon. Elizabeth Stong, Co-Chairs
Mindfulness and Well-Being in Law, Lisa Podemski, Chair

Thank you to our Luncheon Sponsors:
Jenner & Block LLP
Paul, Weiss, Rifkind, Wharton & Garrison LLP