28th Annual Fordham IPLJ Symposium: Free Speech in the Modern Age
Monday, March 8, 2021
9:30 a.m. – 2:30 p.m.
FORDHAM UNIVERSITY SCHOOL OF LAW
VIA ZOOM WEBINAR
150 WEST 62ND STREET
NEW YORK CITY
CLE Credit Available
The Fordham Intellectual Property, Media & Entertainment Law Journal (IPLJ) Symposium, Free Speech in the Modern Age, will be an in-depth debate over unique contemporary issues affecting free speech that transcend the scope of the First Amendment as written by the constitutional drafters. There will be three moderated panel discussions in the areas of (1) Banned Books: Prepublication Review in the Intelligence Community, (2) Hitting Back: SLAPP Suits & Anti-SLAPP Statutes, and (3) Celebrity Paradox: Social Media & Paparazzi Photography. Katherine Bolger, an experienced First Amendment and media litigator at Davis Wright Tremaine LLP and adjunct professor at Fordham University School of Law, will give a keynote speech.
– Matthew Diller, Dean and Paul Fuller Professor of Law, Fordham Law
– Katherine M. Bolger, Partner, Davis Wright Tremaine LLP
• Ramya Krishnan, Staff Attorney, Knight First Amendment Institute at Columbia University
• Mary-Rose Papandrea, Samuel Ashe Distinguished Professor of Constitutional Law, University of North Carolina Law School
• Dr. Christopher E. Bailey, Associate Professor, National Intelligence University
• Abner S. Greene, Leonard F. Manning Professor of Law, Fordham Law (Moderator)
The Banned Books: Prepublication Review in the Intelligence Community panel will explore how nondisclosure agreements signed by current and former employees of national intelligence agencies affect the publication of books written by high-profile government officials. The agreements require current and former national intelligence employees to submit any public statements or publications to the federal government for review prior to publication. Recent memoirs written by former United States National Security Advisor John R. Bolton and former CIA employee Edward Snowden prompted lawsuits by the United States Department of Justice alleging violations of those nondisclosure agreements. Panelists will discuss the current system of prepublication review and explore the balance between allowing open discourse and protecting national security interests.
Panel co-sponsored by:
• Evan Mascagni, Policy Director, Public Participation Project
• Laura Lee Prather, Partner, Haynes and Boone LLP
• Kenneth Swezey, Partner, Cowan, DeBaets, Abrahams & Sheppard LLP
• Olivier Sylvain, Ph.D., Professor of Law, Director, McGannon Center for Communications Research, Fordham Law (Moderator)
The Hitting Back: SLAPP Suits & Anti-SLAPP Statutes panel will explore strategic lawsuits against public participation (“SLAPP suits”). SLAPP suits are filed for purpose of silencing critics using the burden of litigation. John Oliver, host of HBO series “Last Week Tonight”, brought SLAPP suits to national attention after he and his series were sued by then-CEO of Murray Energy, Bob Murray, after airing a segment criticizing Mr. Murray. Thirty states have versions of anti-SLAPP laws, providing a mechanism for dismissal, and no anti-SLAPP protections exist at the federal level. Panelists will discuss how SLAPP suits and anti-SLAPP laws interact with First Amendment rights, including the right to free speech, right to free press, and the right to petition. Panelists will also explore the effects of the uneven landscape of anti-SLAPP protections on the state and federal levels and the potential effects of more uniform protection.
Panel co-sponsored by:
• Nancy E. Wolff, Partner, Cowan, DeBaets, Abrahams & Sheppard LLP
• Daniel A. Schnapp, Partner, Nixon Peabody LLP
• Angie Byun, CEO, AB WORLD and Adjunct Professor of Law, Fordham Law Schoo
• Julie Zerbo, Founder and Editor-in-Chief, The Fashion Law
• Ron Lazebnik, Clinical Associate Professor of Law, Fordham Law (Moderator)
The Celebrity Paradox: Copyright, Social Media & Paparazzi Photography panel will explore the conflict between ownership of a person’s image and ownership of images of a person. Over the past two years, a number of celebrities have been sued after posting an image of themselves taken by a paparazzi photographer on social media. Panelists will explore the application of copyright law to social media images as well as the novel defenses raised by celebrities – including the right of publicity, implied copyright licenses, and derivative works.
Panel co-sponsored by:
Inquiries regarding speakers and sponsorship may be directed to Claire Marie Ochse, Symposium Editor at firstname.lastname@example.org.