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In 2017, the School of Civic and Economic Thought and Leadership, in partnership with the Walter Cronkite School of Journalism and Mass Communication and the Sandra Day O’Connor College of Law, brought together thought leaders from a variety of disciplines to Arizona State University for our Spring 2018 Conference, “Free Speech and Intellectual Diversity in Higher Education: Implications for American Society.” The purpose of the conference - and the series on the same theme leading up to it - was to consider diverse perspectives regarding the protection of free speech on university campuses. The School invited students, faculty, and the community at large to participate, and welcomed more than two hundred attendees to two Arizona State University campuses over the course of the two-day conference.
Opening Keynote Lecture: Robert Post, Former Dean, Yale University School of Law
The Classic First Amendment Tradition Under Stress: Freedom of Speech and the University
***CLE 1.25 credits
Lunch Student Panel: Why Do Students Need Free Speech on Campus?
Moderator: Nicole Taylor, Deputy Vice President, Dean of Students, ASU Tempe Campus
Students: Don't forget to register for this exciting luncheon.
Free Inquiry and the Philosophy of Higher Education
Moderator: Daniel Cullen, Professor, Rhodes College
Intellectual Diversity and Higher Education: A Crisis?
Moderator: Cristine Legare, University of Texas, Austin
Break: Refreshments provided
Plenary Address: Jeremy Waldron, New York University
Heckling in a University Setting
Location: ASU Tempe Campus, New Student Pavilion
Negotiating Controversial Speakers on Campus
Moderator: Stefanie Lindquist, Deputy Provost, Academic Affairs and Professor, ASU
Break: Refreshments provided
Freedom of Speech and Thought on Campus: What Role for the First Amendment?
Moderator: James Weinstein, Dan Cracchiolo Chair in Constitutional Law, Sandra Day O'Connor College of Law, ASU
***CLE 1.25 credits
State Legislative Remedies to Free Speech Challenges on Campus: Are They Consistent with Academic Freedom? (CLE 1.25 credits)
Moderator: Mike Liburdi, General Counsel, AZ Governor Doug Ducey, and adjunct Professor, ASU Law
***CLE 1.25 credits
Sponsored by the School of Civic and Economic Thought and Leadership and co-sponsored by the Walter Cronkite School of Journalism, and the Sandra Day O'Connor College of Law.
***Continuing Legal Education Credit (CLE) is available with this event. The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 3.75 hours toward your annual CLE requirement for the State Bar of Arizona, including 0.0 hour(s) of professional responsibility.
I teach criminal law and constitutional law. I have authored or co-authored six books, edited four anthologies, and published 240 articles, essays, and book chapters on a variety of topics, particularly those in the areas of legal theory and moral philosophy.
Ulrich Baer attended Harvard College, where he rowed on the varsity crew team, and Yale University, where he earned his Ph.D. in 1995. He is Professor of German and Comparative Literature and Vice Provost for Faculty and Undergraduate Academic Affairs at NYU. He has written essays on topics ranging from cultural politics to globalization, and books on poetry, photography, and critical theory; edited books on Holocaust testimony, 9/11, Hannah Arendt, Rainer Maria Rilke, and critic Shoshana Felman. He has published a collection of short stories set in Shanghai, China; and a novel entitled We Are But A Moment. He is currently completing a book on free speech on campus.
Daniel Cullen is Professor of Political Science at Rhodes College in Memphis TN, where he teaches political philosophy and the humanities, and directs the Project for the Study of Liberal Democracy.
Cullen is Senior Fellow for Constitutional Studies at the Jack Miller Center for Teaching America’s Constitutional Principles and History, and serves on the Center’s Academic Council. His writings include Freedom in Rousseau′s Political Philosophy; Liberal Democracy and Liberal Education, and several essays on Jean-Jacques Rousseau, democratic theory, conservatism, and liberal education. He is currently writing a book on the philosophy of Roger Scruton.
Donald Downs is the Alexander Meiklejohn Emeritus Professor of Political Science, and Affiliate Professor of Law and Journalism at the University of Wisconsin-Madison. He has published several books and many articles on issues relating to free speech, academic freedom, the politics of higher education, criminal law and justice, and the role of military presence in higher education. He was the president of the independent Committee for Academic Freedom and Rights, a nationally known UW-Madison group that led the free speech and academic freedom movement at Madison and advised other campuses. Today he is a faculty consultant to the Free Speech and Open Inquiry Project at the Institute for Humane Studies in Washington, D.C., and writing a book on the campus free speech controversy for the CATO Institute and an edited book on the topic for Routledge and IHS.
Joshua Dunn is Professor of Political Science and Director of the Center for the Study of Government and the Individual at the University of Colorado Colorado Springs. His research primarily focuses on public law and education policy. His books include Complex Justice: The Case of Missouri v. Jenkins, From Schoolhouse to Courthouse: The Judiciary's Role in American Education, and Passing on the Right: Conservative Professors in the Progressive University. He writes a quarterly article on law and education for Education Next and his research and commentary on higher education have also been featured in the New York Times, Los Angeles Times, Washington Post, Chronicle of Higher Education, Inside Higher Ed, Education Week, and Wall Street Journal.
Matthew Foldi is a senior at the University of Chicago, where he has been at the forefront of advocating for free speech on campuses across the country. In his second year, he rallied students and almost 50 professors to support a Student Government resolution supporting free expression. In his third year, he worked with the University of Chicago's administration to plan the first-ever student-run free expression conference on campus, with students from around the country in attendance. After the conference, he founded Students for Free Expression, an international group of students working to enhance support for free speech on campuses in the United States, Canada, and Mexico.
Matthew is excited to be here with all of you and is pleased to continue these discussion at this conference and beyond!
Professor Richard W. Garnett teaches and writes about the freedoms of speech, association, and religion and also about constitutional law more generally. He is a leading authority on questions and debates regarding the role of religious believers and beliefs in politics and society. He has published widely on these matters and is the author of dozens of law-review articles and book chapters. His current research project, Two There Are: Understanding the Separation of Church and State, will be published by Cambridge University Press. Professor Garnett is regularly invited to share analysis and commentary in national print and broadcast media, and he contributes to several law-related blogs, including Mirror of Justice and PrawfsBlawg. He is the founding director of Notre Dame Law School’s Program on Church, State, and Society, an interdisciplinary project that focuses on the role of religious institutions, communities, and authorities in the social order.
Professor Garnett clerked for the late Chief Justice of the United States William H. Rehnquist during the Court’s 1996 term and also for the late Chief Judge of the United States Court of Appeals for the Eighth Circuit, Richard S. Arnold.
Professor Garnett is closely involved with a number of efforts to improve and strengthen Catholic schools and to reform education policy more generally. He served on the Notre Dame Task Force on Catholic Education, is a Fellow of the University’s Institute for Educational Initiatives, is a founding Associate of the American Center for School Choice, and consults regularly with the Alliance for Catholic Education. He also served on the school board of St. Joseph Grade School in South Bend, Indiana.
Neil Gross, Chair of the Sociology Department at Colby College, studies intellectuals, higher education, politics, theory, and criminal justice, among other topics. He is the author of why are professors liberal and why do conservatives care? (harvard, 2013), and richard rorty: the making of an american philosopher (chicago, 2008).
Steven F. Hayward is senior resident scholar at the Institute of Governmental Studies at UC Berkeley, and a visiting lecturer at UC Berkeley Law School. He was the inaugural visiting scholar in conservative thought and policy at the University of Colorado at Boulder in 2013-14. From 2002 to 2012 he was the F.K. Weyerhaeuser Fellow in Law and Economics at the American Enterprise Institute in Washington DC, and has been senior fellow at the Pacific Research Institute in San Francisco since 1991. His research interests include American politics, the presidency, constitutional law, and energy and environmental policy. He writes daily on Powerlineblog.com, one of the nation's most read political websites.
Cristine Legare is an associate professor of psychology and the director of the Cognition, Culture, and Development Lab at The University of Texas at Austin. Her research program reflects her commitment to interdisciplinary approaches to the study of human cognition and behavior. Her objective is to examine our capacities to learn, create, and transmit culture in order to increase our understanding of cognitive and cultural evolution. She has conducted extensive fieldwork in southern Africa, and is currently doing research in Brazil, China, and Vanuatu (a Melanesian archipelago), using both experimental and ethnographic methods.
Her research and training reflect her commitment to an interdisciplinary approach to the study of cognitive development and cultural learning. She draws on insights from cognitive, cultural, and developmental psychology as well as cognitive and psychological anthropology with the aim of facilitating cross-fertilization within and across these disciplines.
Michael T. Liburdi is general counsel for Arizona Governor Douglas A. Ducey. Michael is responsible for advising the Governor and his staff on legal issues impacting the State of Arizona, assisting the Governor with judicial appointments and managing litigation concerning the State of Arizona, the Governor’s office and the state agencies.
Prior to joining the governor’s office, Michael was a partner at Snell & Wilmer L.L.P. His law practice focused on commercial litigation, government relations and political law.
Michael also served as a staff attorney in the litigation department of the Federal Election Commission’s office of the general counsel, an attorney with Perkins Coie LLP and a law clerk for Justice Ruth McGregor on the Arizona Supreme Court.
He is an adjunct faculty member at the Sandra Day O’Connor College of Law and the Barrett Honors College at Arizona State University where he teaches courses on election law, impeachment and post-Watergate reforms.
He received his Bachelor of Science degree summa cum laude from Arizona State University and earned his Juris Doctor degree magna cum laude from the Sandra Day O’Connor College of Law.
Stefanie A. Lindquist became Deputy Provost and Vice President for Academic Affairs, and Foundation Professor of Law and Political Science at Arizona State University on September 1, 2016. She served as Dean and Arch Professor at University of Georgia, Athen's School of Public and International Affairs from 2013 to 2016, after serving as Interim Dean, Associate Dean for Outreach, and Associate Dean for Academic Affairs at the University of Texas School of Law. She is recognized as an expert on the U.S. Supreme Court, Constitutional Law, Administrative Law, and Empirical legal studies, and has co-authored two books and dozens of published articles and book chapters. Her book, Measuring Judicial Activism, is the first publication to define the oft-used term quantitatively. She was recognized for her exceptional teaching skills at both Vanderbilt University, where she was awarded the Robert Birkby Award for Excellence in Teaching Political Science, and she served as director of Vanderbilt’s graduate program in Political Science at the University of Georgia, where she was named Professor of the Year and earned its University-Wide Teaching Award.
Dr. Lindquist holds the JD degree from Temple University (magna cum laude) and the Ph.D in Political Science and Public Administration from the University of South Carolina. Dr. Lindquist served as its Editor in Chief of the Temple Law Review and clerked for the Honorable Anthony J. Scirica at the United States Court of Appeals for the Third Circuit in Philadelphia. She later practiced law at Latham and Watkins in Washington, D.C. She also served as a research associate at the Federal Judicial Center in Washington D.C., assisting committees of the Federal Judicial Conference in addressing questions of judicial administration.
Heather Mac Donald is the Thomas W. Smith fellow at the Manhattan Institute and a contributing editor to City Journal. She writes regularly on higher education. Her books include The War on Cops; The Immigration Solution; Are Cops Racist?; and The Burden of Bad Ideas.
Azhar Majeed is the Vice President of Policy Reform at the Foundation for Individual Rights in Education, or FIRE. He received a B.A. in Political Science with a minor in History from the University of Michigan in 2004 and is a 2007 graduate of the University of Michigan Law School. At FIRE, he works with university officials and general counsels to reform their campuses’ speech codes and related policy materials, and also oversees FIRE’s legal scholarship program. He has been published in the Journal of College and University.
Goldwater Institute Scharf-Norton Center for Constitutional Litigation
Jim litigates Goldwater Institute cases nationwide, in the areas of free speech, economic liberty, and taxpayer protections. For more than a decade, he has been fighting to protect and expand freedom.
Before joining the Goldwater Institute’s Scharf-Norton Center, Jim served six years as a staff attorney at Mountain States Legal Foundation. In his first case after graduating from law school, he secured a victory at the Colorado Supreme Court protecting the right to self-defense on college campuses. His cases defending free speech, the right to keep and bear arms, taxpayer rights, and property rights have set important precedents in state and federal courts.
A native of Michigan, he graduated from Arizona State University, with a double major in Political Science and Journalism. He earned his J.D. from the University of Colorado Law School, where he served as an Associate Editor of the Law Review and President of the Federalist Society. Before attending law school, Jim was a professional ski instructor in Telluride, Colorado, and a Reagan Fellow at the Goldwater Institute.
In 2016, Jim helped draft legislation to eliminate restrictive free speech zones. That legislation, adopted in Arizona, led the Goldwater Institute to introduce an expanded reform package in 2017. North Carolina has enacted legislation based on the Goldwater Institute’s model reform, and multiple states will be considering similar legislation this session.
Harvey C. Mansfield, ’53, the William R. Kenan, Jr. Professor of Government at Harvard, studies and teaches political philosophy. He has written on Edmund Burke and the nature of political parties, on Machiavelli and the invention of indirect government, in defense of a defensible liberalism, and in favor of a constitutional American political science. He has also written on the discovery and development of the theory of executive power, and is a translator of Machiavelli and Tocqueville. In 2006 he published a book on manliness, and in 2010 one on Tocqueville. His present projects are: a book titled “Our Parties” to explain the ideas, virtues, and temperaments of Democrats and Republicans; a study of Jonathan Swift’s Gulliver’s Travels; a book on “Machiavelli and the Discovery of Fact.”
He was chairman of the government department from 1973 to 1977, has held Guggenheim and NEH Fellowships, and was on the Advisory Council of the NEH. In 2004 he received the National Humanities Medal from the President, and in 2007 delivered the annual Thomas Jefferson lecture sponsored by the National Endowment for the Humanities. In 2011 he was awarded a Bradley Prize. He is a Senior Fellow at the Hoover Institution at Stanford, but he has hardly left Harvard since his first arrival in 1949, and has been on the faculty there since 1962. Some people, with some reason, call him a conservative.
Laura Beth Nielsen is a Research Professor at the American Bar Foundation and Professor of Sociology at Northwestern University. She is a sociologist and lawyer with degrees from the University of California, Berkeley (Ph.D. 1999 and J.D. 1996). Professor Nielsen’s research interests are in law’s capacity for social change. Her primary field is the sociology of law, with particular interests in legal consciousness (how ordinary people understand the law) and the relationship between law and inequalities of race, gender, and class. Along with more than 40 scholarly articles, she is the author of two monographs - Rights on Trial: How Employment Discrimination Law Perpetuates Inequality (Chicago, 2017) and License to Harass: Law, Hierarchy, and Offensive Public Speech, (Princeton, 2004). Coverage of her scholarship and her own commentary have appeared in the New York Times, the Wall Street Journal, Time Magazine, FOX News, National Public Radio, Sky News, ABC Radio, Al-Jazeera English, the Huffington Post, USA Today, and the Nation.
Robert Post is a Sterling Professor of Law at Yale Law School, and served as the School's 16th dean, from 2009 until 2017. Before coming to Yale, he taught at the University of California at Berkeley School of Law. Post's subject areas are constitutional law, First Amendment, legal history, and equal protection. He has written and edited numerous books, including Citizens Divided: A Constitutional Theory of Campaign Finance Reform (2014), which was originally delivered as the Tanner Lectures at Harvard in 2013. Other books include, Democracy, Expertise, Academic Freedom: A First Amendment Jurisprudence for the Modern State (2012); For the Common Good: Principles of American Academic Freedom (with Matthew M. Finkin, 2009); Prejudicial Appearances: The Logic of American Antidiscrimination Law (with K. Anthony Appiah, Judith Butler, Thomas C. Grey & Reva Siegel, 2001); and Constitutional Domains: Democracy, Community, Management (1995).
He publishes regularly in legal journals and other publications; recent articles and chapters include "Theorizing Disagreement: Reconceiving the Relationship Between Law and Politics" (California Law Review, 2010); "Constructing the European Polity: ERTA and the Open Skies Judgments" in The Past and Future of EU Law: The Classics of EU Law Revisited on the 50th Anniversary of the Rome Treaty (Miguel Poiares Maduro & Loïc Azuolai eds., 2010); "Roe Rage: Democratic Constitutionalism and Backlash" (with Reva Siegel, Harvard Civil-Rights Civil-Liberties Law Review, 2007); "Federalism, Positive Law, and the Emergence of the American Administrative State: Prohibition in the Taft Court Era" (William & Mary Law Review, 2006); "Foreword: Fashioning the Legal Constitution: Culture, Courts, and Law" (Harvard Law Review, 2003); and "Subsidized Speech" (Yale Law Journal, 1996). He is a member of the American Philosophical Society and the American Law Institute and a fellow of the American Academy of Arts and Sciences. He is a former member of the Board of Directors of the American Constitution Society.
Téa Francesca Price is completing her accelerated master's degree in journalism at The Walter Cronkite School of Journalism & Mass Communication. A bilingual, multimedia journalist, she has worked professionally in radio-broadcast, print and digital media in the United States and internationally. With an interest in foreign affairs, Price aspires to continue reporting on local & global issues.
Gabriel Sandler is a graduate student at the Walter Cronkite School of Journalism and Mass Communication. In projects ranging from Aboriginal Australia, opioid addiction in Arizona and the presidential election, he has focused on community engagement intersecting with different types of reporting. He is interested in diplomacy, human rights and forms of advocacy.
James R. Stoner, Jr. is Hermann Moyse, Jr., Professor and Director of the Eric Voegelin Institute in the Department of Political Science at Louisiana State University. He is the author of Common-Law Liberty: Rethinking American Constitutionalism (Kansas, 2003) and Common Law and Liberal Theory: Coke, Hobbes, and the Origins of American Constitutionalism (Kansas, 1992), as well as a number of articles and essays. A Senior Fellow of the Witherspoon Institute, he has co-edited three books the Institute published: The Thriving Society: On the Social Conditions of Human Flourishing (with Harold James, 2015), The Social Costs of Pornography: A Collection of Papers (with Donna M. Hughes, 2010), and Rethinking Business Management: Examining the Foundations of Business Education (with Samuel Gregg, 2007). He chaired his Department from 2007 until 2013, and in 2013-14 he was Garwood Visiting Professor and Visiting Fellow in the James Madison Program at Princeton University. He earned his A.B. from Middlebury College and his M.A. and Ph.D. from Harvard University. His current research is on the nature of the legislative power and on freedom of speech.
Nicole Taylor is Deputy Vice President and the Dean of Students at Arizona State University, appointed in January 2017. She has oversight over student advocacy and engagement, student conduct, cultural engagement, and off-campus community relations. Before her appointment at ASU, Nicole was at Stanford University as an Associate Vice Provost and the Dean of Community Engagement and Diversity.
Prior to her time at Stanford, Nicole was President and CEO of the Thrive Foundation for Youth, a family foundation based in Silicon Valley, and President and CEO of the East Bay Community Foundation.
Nicole has had extensive executive leadership experience in education, philanthropy, and youth-serving and education-focused nonprofits. She has served on numerous boards of directors, and has significant experience coaching executives and public speaking. Nicole is particularly committed to the advancement of women in leadership positions, and frequently speaks on this topic at women’s forums and conferences. She was appointed to Maria Shriver’s The Women’s Conference board of directors for the six years Ms. Shriver served as First Lady of California. The conference became the nation’s premier forum for women, and funded over $5.5 million to charitable programs focused on women in need and women’s empowerment.
Nicole holds a B.A. in Human Biology and a M.A. in Education, both from Stanford University, and an honorary Doctorate of Humane Letters from Holy Names University. She currently sits on the boards of directors of Common Sense Media and two family foundations, and recently termed off the board of directors for the Federal Reserve Bank of San Francisco where she served for six years.
Norma Thompson is Associate Director of the Whitney Humanities Center and Senior Lecturer in the Humanities. She received her AB from Bowdoin College and her PhD from the Committee on Social Thought at the University of Chicago. Her scholarship and teaching are in the humanities, with special interests in political philosophy and politics and literature. She is Director of Undergraduate Studies for the Humanities major in Yale College.
Her latest book is Unreasonable Doubt: Circumstantial Evidence and an Ordinary Murder in New Haven (2006). She has published two books with Yale University Press: Herodotus and the Origins of the Political Community: Arion 's Leap ( 1996) and The Ship of State: Politics and Statecraft from Ancient Greece to Democratic America (2001).
Eugene Volokh teaches free speech law, tort law, religious freedom law, church-state relations law, and a First Amendment amicus brief clinic at UCLA School of Law, where he has also often taught copyright law, criminal law, and a seminar on firearms regulation policy. Before coming to UCLA, he clerked for Justice Sandra Day O'Connor on the U.S. Supreme Court and for Judge Alex Kozinski on the U.S. Court of Appeals for the Ninth Circuit.
Volokh is the author of the textbooks The First Amendment and Related Statutes (5th ed. 2013), The Religion Clauses and Related Statutes (2005), and Academic Legal Writing (4th ed. 2010), as well as over 75 law review articles and over 80 op-eds, listed below. Six of his law review articles have been cited by opinions of the Supreme Court Justices; twenty-nine of his works (mostly articles but also a textbook, an op-ed, and a blog post) have been cited by federal circuit courts; and several others have been cited by district courts or state courts.
Volokh is also an Academic Affiliate for the Mayer Brown LLP law firm; he generally consults on other lawyers' cases, but he has argued before the Seventh Circuit, the Ninth Circuit, the Indiana Supreme Court, and the Nebraska Supreme Court, and has also filed briefs in the U.S. Supreme Court, in the Fifth, Sixth, Eighth, Eleventh, and D.C. Circuits, and state appellate courts in California, Michigan, New Mexico, and Texas.
Jeremy Waldron is University Professor and Professor of Law at New York University, a position he has held since 2006. Until 2014 he was also Chichele Professor of Social and Political Theory at All Souls College, Oxford. Professor Waldron was educated in law and philosophy at the Universities of Otago (New Zealand) and Oxford. His career has included academic appointments at Edinburgh (1983-87), UC Berkeley (1987-96), and Columbia (1996-2006). He delivered the Storrs Lectures at Yale in 2007, th+e Holmes Lectures at Harvard (on hate speech) in 2009, and the Gifford Lectures at Edinburgh in 2015. He was elected to the American Academy of Arts and Sciences in 1998, the British Academy in 2011, and the American Philosophical Society in 2015. Professor Waldron’s books include The Dignity of Legislation (Cambridge UP, 1999), Law and Disagreement (Oxford UP, 1999), Torture, Terror and Trade-offs: Philosophy for the White House (Oxford UP, 2010), Dignity, Rank, and Rights (Oxford UP, 2012), The Harm in Hate Speech (Harvard UP, 2012), Political Political Theory (Harvard UP, 2016), and One Another’s Equals (Harvard UP, 2017). Waldron is particularly well-known for his work on basic equality, homelessness, human dignity, judicial review, legal positivism, the rule of law, and torture and security issues.
Bret Weinstein has spent two decades advancing the field of evolutionary biology. He has made important discoveries regarding the evolution of cancer, senescence, and the adaptive significance of moral self-sacrifice. He is currently working to uncover the evolutionary meaning of large-scale patterns in human history, and applying evolutionary insight in the quest to prototype a liberating, sustainable anti-fragile governance structure for humanity’s next phase.
James Weinstein is the Dan Cracchiolo Chair in Constitutional Law at the Sandra Day O’Connor College of Law, Arizona State University. He is Faculty Fellow, Center for Law, Science & Innovation at ASU, and an Associate Fellow, Centre for Public Law at the University of Cambridge. His academic interests are Constitutional Law, especially Free Speech, as well as Jurisprudence and Legal History. He is co-editor of Extreme Speech and Democracy (Oxford University Press 2009, paperback edition 2010); the author of Hate Speech, Pornography and the Radical Attack on Free Speech Doctrine (Westview Press 1999). Weinstein has written numerous articles in law review symposia on a variety of free speech topics, including: free speech theory, hate speech regulation and political legitimacy, free speech and lies, obscenity doctrine, institutional review boards, commercial speech, database protection, campaign finance reform, the relationship between free speech and other constitutional rights, hate crimes, and campus speech codes. He has litigated several significant free speech cases, primarily on behalf of the American Civil Liberties Union.
Zachary R. Wood is a Robert L. Bartley Fellow at The Wall Street Journal and a class of 2018 graduate of Williams College, where he served as president of Uncomfortable Learning, a student group that sparked national controversy for inviting provocative speakers to campus. His recent work has appeared in The New York Times, The Wall Street Journal, The Washington Post, The Nation, Times Higher Education, and SLAM magazine. A Washington, DC, native, Wood currently resides in New York City.