2016 Minnesota Law Review Symposium

Balancing First Amendment Rights with an Inclusive Environment on Public University Campuses: Friday, October 21, 8:15 a.m.–4:00 p.m. (reception to follow), Mondale Hall, University of Minnesota Law School

Key Note Speech by Nadine Strossen

  • John Marshall Harlan II Professor of Law at New York Law School and former President of the American Civil Liberties Union

Panel One: University Code of Conduct Policies that Limit Student Speech

Universities, to promote inclusion, have instituted policies that punish students for offensive or discriminatory speech. These codes of conduct raise an important question: how much prohibition on speech is too much?

  • Moderator: Dean Garry Jenkins
    • Dean of University of Minnesota Law School
    • William S. Pattee Professor of Law at the University of Minnesota Law School
  • Will Creeley
    • Vice President of Legal and Public Advocacy, FIRE
    • Censorship by Crying Wolf: Misclassifying Student and Faculty Speech as Threats
  • Mary-Rose Papandrea
    • Professor of Law and Associate Dean for Academic Affairs, University of North Carolina School of Law
    • The Free Speech Rights of University Students
  • Alexander Tsesis
    • Raymond & Mary Simon Chair in Constitutional Law and Professor of Law, Loyola University, Chicago, School of Law
    • Campus Speech Codes: History, Contemporary Issues, and Proposal

Panel Two: Perspectives on the First Amendment and Public Universities

This panel will begin with a discussion led by Richard Delgado about the many ironies created by the collision of the First Amendment and public universities. We will then turn to two panelists with valuable insights from their experiences outside of the academy—Judge Alex Kozinski and Nekima Levy-Pounds.

  • Moderator: Dale Carpenter
    • Judge William Hawley Atwell Chair of Constitutional Law and Professor of Law, SMU Dedman School of Law
  • Richard Delgado
    • John J. Sparkman Chair of Law, University of Alabama School of Law
    • Four Ironies of Campus Climate
  • Alex Kozinski
    • Judge, United States Court of Appeals for the Ninth Circuit
  • Nekima Levy-Pounds
    • President, Minneapolis chapter of the NAACP

Panel Three: Academic Freedom

The Supreme Court in Keyishian v. Board of Regents wrote: “[o]ur Nation is deeply committed to safeguarding academic freedom, which is of transcendent value to all of us and not merely to the teachers concerned. That freedom is therefore a special concern of the First Amendment, which does not tolerate laws that cast a pall of orthodoxy over the classroom.”

This panel will discuss how universities may balance the creation of a safe and welcoming environment with academic freedom. How may a university, if at all, shape professorial conduct through its policies?

  • Moderator: Jane Kirtley
    • Professor, School of Journalism and Mass Communication, University of Minnesota
  • Heidi Kitrosser
    • Professor of Law, University of Minnesota Law School
    • Higher Education, Free Speech and the PC Narrative
  • Robert M. O’Neil
    • Professor of Law Emeritus, University of Virginia School of Law
    • Academic Freedom to Deny the Truth – Beyond the Holocaust
  • Vikram Amar
    • Dean and Iwan Foundation Professor of Law, University of Illinois College of Law
    • How Much Expressive Freedom do Professors at Public Universities Really Enjoy

In order to RSVP to the Symposium, please fill out this form.

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