On October 7, 2019, The Federalist Society held a panel on The First Amendment at its annual Kentucky Chapters Conference.
From Twitter blocking to Peace Crosses to religious exemptions and commercial speech, the First Amendment remains perhaps the most hotly and frequently contested aspect of constitutional law. Those disputes are playing out in federal and state courts, and under federal and state constitutions. Notions of judicial restraint have long had less purchase when First Amendment claims are at stake, with courts invalidating laws more frequently and offering less deference to legislatures. And in the Twitter era, courts are arguably less guided by traditional arguments from text, original meaning, and precedent than in other contexts. Our panel will take stock of how these debates are playing out in federal and Kentucky courts, and where we can expect the next battle lines to emerge.

Amy D. Cubbage - Ackerson & Yann, PLLC; ACLU of Kentucky Litigation Review Committee
Jesse Panuccio - Former Acting Associate Attorney General, U.S. Department of Justice
William E. Thro - General Counsel, University of Kentucky
Jonathan D. Urick - Senior Counsel, U.S. Chamber Litigation Center
Moderator: Hon. John Nalbandian - U.S. Court of Appeals, Sixth Circuit

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.