On November 15, 2019, the Federalist Society's Free Speech & Election Law Practice Group hosted a panel for the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The panel discussed "Freedom of Speech and Private Power".
Should the government protect speech against private power, and not just governmental power? Many states restrict private employers’ ability to fire employees based on their speech. A few protect private college students, private high school students, or speakers at private shopping malls. And of course employment law and public accommodation law routinely ban private discrimination based on religion, including based on religious speech.
Should the federal and state governments provide comparable protection against private discrimination based on political affiliation, including political speech? Should the government require colleges and universities to demonstrate a commitment to free speech to receive government funding? Should banks, insurers, and social media platforms be required to protect free speech? Or should private entities remain largely free (or even become freer) to discriminate based on speech and ideology?
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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 speakers.
Featuring:

Prof. Adam Candeub, Professor of Law and Director, Intellectual Property, Information & Communications Law Program, Michigan State University College of Law
Ms. Ann Coulter, Author and Columnist
Prof. Eric Goldman, Professor of Law and Co-Director, High Tech Law Institute, Santa Clara University School of Law
Prof. Eugene Volokh, Gary T. Schwartz Distinguished Professor of Law, UCLA School of Law
Moderator: Hon. Britt C. Grant, United States Court of Appeals, Eleventh Circuit
Introduction: Erik S. Jaffe, Partner, Schaerr | Jaffe LLP