Gender Equality and the First Amendment
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The Arthur Garfield Hays Civil Liberties Program
THE ARTHUR GARFIELD HAYS CIVIL LIBERTIES PROGRAM ANNUAL REPORT 2019–2020 August 2020 New York University A private university in the public service School of Law Arthur Garfield Hays Civil Liberties Program 40 Washington Square South New York, New York10012-1099 Co-Directors Professor Emerita Sylvia A. Law Tel: (212) 998-6265 Email:[email protected] Professor Helen Hershkoff Tel: (212) 998-6285 Email: [email protected] THE ARTHUR GARFIELD HAYS CIVIL LIBERTIES PROGRAM ANNUAL REPORT 2019–2020 Change does not roll in on the wheels of inevitability, but comes through continuous struggle. — Martin Luther King, Jr. This Report summarizes the activities of the Hays Program during AY 2019–2020.The year presented extraordinary challenges, as well as important opportunities. Above all, the Hays Program remained steadfast in its central mission: to mentor a new generation of lawyers dedicated to redressing historic inequalities, to resisting injustice, and to protecting democratic institutions. The heart of the Program remained the Fellows and their engagement with lawyers, advocates, and communities through their term-time internships and seminar discussions aimed at defending civil rights and civil liberties. The academic year began with the Trump administration’s continuing assault on the Constitution, from its treatment of immigrants, to its tacit endorsement of racist violence, fueled by the President’s explicit use of federal judicial appointments to narrow civil rights and civil liberties (at this count, an unprecedented two hundred). By March, a global pandemic had caused the Law School, like the rest of the world, to shutter, with the Hays seminar, along with all courses, taught remotely. -
Civil Recourse Defended: a Reply to Posner, Calabresi, Rustard, Chamallas, and Robinette
Indiana Law Journal Volume 88 Issue 2 Article 6 Spring 2013 Civil Recourse Defended: A Reply to Posner, Calabresi, Rustard, Chamallas, and Robinette John C. Goldberg Harvard Law School, [email protected] Benjamin Zipursky Fordham University School of Law, [email protected] Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Civil Law Commons, and the Torts Commons Recommended Citation Goldberg, John C. and Zipursky, Benjamin (2013) "Civil Recourse Defended: A Reply to Posner, Calabresi, Rustard, Chamallas, and Robinette," Indiana Law Journal: Vol. 88 : Iss. 2 , Article 6. Available at: https://www.repository.law.indiana.edu/ilj/vol88/iss2/6 This Symposium is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. Civil Recourse Defended: A Reply to Posner, Calabresi, Rustad, Chamallas, and Robinette JOHN C. P. GOLDBERG* BENJAMIN C. ZIPURSKY** INTRODUCTION ...................................................................................................... 569 I. CIVIL RECOURSE THEORY IN A NUTSHELL ......................................................... 570 II. CALABRESI AND POSNER .................................................................................. 575 A. POSNER ................................................................................................... -
REPORT Donations Are Fully Tax-Deductible
SUPPORT THE NYCLU JOIN AND BECOME A CARD-CARRYING MEMBER Basic individual membership is only $20 per year, joint membership NEW YORK is $35. NYCLU membership automatically extends to the national CIVIL LIBERTIES UNION American Civil Liberties Union and to your local chapter. Membership is not tax-deductible and supports our legal, legislative, lobbying, educational and community organizing efforts. ANNUAL MAKE A TAX-DEDUCTIBLE GIFT Because the NYCLU Foundation is a non-profit 501(c)(3) organization, REPORT donations are fully tax-deductible. The NYCLU Foundation supports litigation, advocacy and public education but does not fund legislative lobbying, which cannot be supported by tax-deductible funds. BECOME AN NYCLU ACTIVIST 2013 NYCLU activists organize coalitions, lobby elected officials, protest civil liberties violations and participate in web-based action campaigns THE DESILVER SOCIETY Named for Albert DeSilver, one of the founders of the ACLU, the DeSilver Society supports the organization through bequests, retirement plans, beneficiary designations or other legacy gifts. This special group of supporters helps secure civil liberties for future generations. THE AMICUS CLUB Lawyers and legal professionals are invited to join our Amicus Club with a donation equal to the value of one to four billable hours. Club events offer members the opportunity to network, stay informed of legal developments in the field of civil liberties and earn CLE credits. THE EASTMAN SOCIETY Named for the ACLU’s co-founder, Crystal Eastman, the Eastman Society honors and recognizes those patrons who make an annual gift of $5,000 or more. Society members receive a variety of benefits. Go to www.nyclu.org to sign up and stand up for civil liberties. -
Mediating Civil Liberties: Liberal and Civil Libertarian Reactions to Father Coughlin
University of Tennessee, Knoxville TRACE: Tennessee Research and Creative Exchange Supervised Undergraduate Student Research Chancellor’s Honors Program Projects and Creative Work Spring 5-2008 Mediating Civil Liberties: Liberal and Civil Libertarian Reactions to Father Coughlin Margaret E. Crilly University of Tennessee - Knoxville Follow this and additional works at: https://trace.tennessee.edu/utk_chanhonoproj Recommended Citation Crilly, Margaret E., "Mediating Civil Liberties: Liberal and Civil Libertarian Reactions to Father Coughlin" (2008). Chancellor’s Honors Program Projects. https://trace.tennessee.edu/utk_chanhonoproj/1166 This is brought to you for free and open access by the Supervised Undergraduate Student Research and Creative Work at TRACE: Tennessee Research and Creative Exchange. It has been accepted for inclusion in Chancellor’s Honors Program Projects by an authorized administrator of TRACE: Tennessee Research and Creative Exchange. For more information, please contact [email protected]. Margaret Crilly Mediating Civil Liberties: Liberal and Civil Libertarian Reactions to Father Coughlin Marta Crilly By August 15, 1939, Magistrate Michael A. Ford had had it. Sitting at his bench in the Tombs Court of New York City, faced with a sobbing peddler of Social Justice magazine, he dressed her down with scathing language before revealing her sentence. "I think you are one of the most contemptible individuals ever brought into my court," he stated. "There is no place in this free country for any person who entertains the narrow, bigoted, intolerant ideas you have in your head. You remind me of a witch burner. You belong to the Middle Ages. You don't belong to this modem civilized day of ours .. -
Updated: February 2021 Curriculum Vitae ARTHUR RIPSTEIN Faculty Of
Updated: February 2021 Curriculum Vitae ARTHUR RIPSTEIN Faculty of Law Telephone: 416-978-0735 University of Toronto E-mail: [email protected] 78 Queen’s Park Crescent www.law.utoronto.ca/faculty/ripstein Toronto, ON, M5S 2C5 I. Biographical Information: a. Personal Information Born June 12, 1958, Winnipeg, Manitoba; Citizen of Canada and Germany b. Education: 1994 M.S.L., Yale Law School 1986 Ph.D., Philosophy, University of Pittsburgh, Dissertation title: Explanation and Empathy in Commonsense Psychology. Committee members: John Haugeland (director) Annette Baier (second reader) Peter King, Peter Machamer. 1984 M.A. University of Pittsburgh 1981 B.A. (Hons.) University of Manitoba II. Honours and Awards: 2021 Killam Prize for the Humanities, Canada Council for the Arts (Annual Award “awarded to active Canadian scholars who have distinguished themselves through sustained excellence, making a significant impact in their respective fields”) 2019 Keynote Lecturer, World Kant Congress, Oslo, Norway 2019 JJ Berry Smith Doctoral Supervision Award, University of Toronto (Annual University-wide Award. One award is given in natural Sciences and one in Social Sciences and Humanities. First person from humanities selected to win.) 2019 Tanner Lecturer, University of California, Berkeley. (Annual Lecture Series) 2016 Killam Fellowship, Canada Council for the Arts (Two-year leave fellowship, one of six awarded annually in Canada across all disciplines.) 2016 Society for Applied Philosophy (UK) Annual Lecturer. Arthur Ripstein /2 II. Honours and Awards (continued): 2016 University Professor, University of Toronto (special rank reserved for no more than 2% of tenured faculty. 2015 Kissel Lecturer, Edmund J. Safra Center for Ethics, Harvard University. -
GAMER Written by Mark Neveldine & Brian Taylor September 2007 Some
GAMER Written by Mark Neveldine & Brian Taylor September 2007 Some of them want to use you Some of them want to get used by you Some of them want to abuse you Some of them want to be abused - Eurythmics Some years from this exact moment... 1 INT. TRAIN - DAY 1 DARKNESS - NOW The beautiful CHIMING SOUNDS OF SPACE TRAVEL through the COSMOS... DOTS OF LIGHT whiz past our face. They could be stars at lightspeed, or... SUBWAY LIGHTS FLICKER ON - in a flash we see PALE, SULLEN FACES, riding into a bleak future, and hear the INDUSTRIAL CLATTER. It's dark, claustrophobic, obscure... the rhythmic beat of track and wheel-clicks engulf us. The lights flicker back on and hold as we see a half dozen SOLDIERS in BROWN CAMO, steel- eyed, prepared for whatever may be at the end of the TUNNEL. ZERO IN on TWO: KABLE, 30-something, roughneck... focused, determined; eyes burning with internalized emotion... ... and SANDRA, late 20s, undeniably hot but tough as hell - both are in shackles & cuffs, being roughly transported through underground tunnels, knocked and shoved around. Uniformed GUARDS roam the train, looking pissed off - their swagger seems to mask FEAR. KABLE is meditating, or exhausted - hard to tell. The GIRL makes eye contact w/ him. SANDRA Sandra. KABLE says nothing, just stares at her, stoic. SANDRA (cont'd) My name is Sandra. GUARD Shut the fuck up. Because he can, the GUARD takes a swing at KABLE'S head with a BILLY CLUB... CRACK! (CONTINUED) 2. WHITE KABLE SCRIPT - 9/19/2007 1 CONTINUED: 1 KABLE'S skull snaps back into the window. -
Civil Liberties Outside the Courts Laura M. Weinrib Confidence In
Civil Liberties Outside the Courts Laura M. Weinrib Confidence in liberal legalism as a framework for social change appears to be in a period of decline. In areas ranging from same-sex marriage to racial equality, recent decades have witnessed a resurgence of interest in extrajudicial strategies for advancing civil rights. Debates over popular constitutionalism and calls for constitutional amendment and judicial restraint manifest a growing aversion to the court-centered rights mobilization that dominated legal academia and the liberal imagination for almost half a century.1 Even in the domain of First Amendment protection for free speech—long considered an unassailable case for robust judicial review—the Warren Court consensus has begun to crumble. From the Second World War until the Rehnquist Court, it was an article of faith among activists and academics that a strong First Amendment would preserve a platform for transformative political ideas. In an era when state and federal actors targeted radical agitators, civil rights protestors, and anti-war demonstrators, the Supreme Court was comparatively (if unevenly) friendly to the rights of dissenters. In the 1980s and 1990s, however, a growing chorus of legal scholars described a shift in First Amendment law from the protection of disfavored minorities against state suppression to the insulation of industrial interests against government regulation.2 Over time, such appraisals have become more prevalent and more frenzied. Today, a broad range of legal scholars and cultural critics decry the Court’s “Lochnerization” of the First Amendment: its persistent invalidation of legislative and administrative efforts to temper corporate dominance, and its use of the First Amendment to undermine federal programs or to qualify public sector collective bargaining agreements.3 They lament its 1 The vast literature includes works from a variety of disciplinary and methodological perspectives, including Gerald N. -
Platform Justice: Content Moderation at an Inflection Point 3
A HOOVER INSTITUTION ESSAY ON Platform Justice C ONTENT MODERATION at an INFLECTION POINT DANIELLE CITRON & QUINTA JURECIC Aegis Series Paper No. 1811 In June 2016, Facebook Vice President Andrew Bosworth circulated an internal memorandum describing the company’s mission. “We connect people,” he wrote. “Maybe someone finds love. Maybe [Facebook] even saves the life of someone on the brink of suicide. Maybe it costs a life by exposing someone to bullies. Maybe someone dies in a terrorist attack coordinated on our tools.”1 Bosworth was not speaking metaphorically. The month after he distributed the memo, Facebook was sued by the parents of five victims of terrorist attacks conducted by Hamas, which had made extensive use of the company’s platform to recruit and organize. Days before, the social media platform had inadvertently broadcast a murder over the streaming app Facebook Live. National Security, Technology, and Law and Technology, Security, National Yet the outrage Facebook weathered in the aftermath of this violence was nothing compared to the scathing criticism it endured two years later after Buzzfeed News published Bosworth’s memo. When the memo leaked in March 2018, Facebook was neck-deep in controversies over its influence on the 2016 presidential election, including the use of the platform’s ad-targeting function by Russian trolls to sow political discord and the harvesting of user data under false pretenses by the Trump-affiliated political consultancy Cambridge Analytica.2 Meanwhile, Facebook’s competitors, Twitter and Google, faced mounting criticism over their failure to curb disinformation and abusive content.3 In 2016, Bosworth’s memo might have been an awkward attempt at self-reflection. -
The V-Chip and the Constitutionality of Television Ratings
Fordham Intellectual Property, Media and Entertainment Law Journal Volume 8 Volume VIII Number 2 Volume VIII Book 2 Article 1 1997 The V-Chip and the Constitutionality of Television Ratings Benjamin C. Zipursky Eric Burns Donald W. Hawthorne Thomas Johnson Follow this and additional works at: https://ir.lawnet.fordham.edu/iplj Part of the Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation Benjamin C. Zipursky, Eric Burns, Donald W. Hawthorne, and Thomas Johnson, The V-Chip and the Constitutionality of Television Ratings, 8 Fordham Intell. Prop. Media & Ent. L.J. 301 (1997). Available at: https://ir.lawnet.fordham.edu/iplj/vol8/iss2/1 This Transcript is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Intellectual Property, Media and Entertainment Law Journal by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. PANEL1.TYP 9/29/2006 4:44 PM Panel 1: The V-Chip and the Constitutionality of Television Ratings Moderator: Benjamin C. Zipursky* Participants: Eric Burns** Donald W. Hawthorne, Esq.*** Thomas Johnson**** David H. Moulton, Esq.***** Robert W. Peters, Esq.****** MR. ZIPURSKY: Welcome to the Fordham Intellectual Property, Media & Entertainment Law Journal’s Sixth Annual Symposium on the First Amendment and the Media. I am Profes- sor Benjamin Zipursky of Fordham University School of Law. Out first panel discussion covers one of the hot topics in both the television industry and the legal profession, the V-chip and the constitutionality of the associated television ratings that will be re- quired to make the chip work properly. -
ONE NIGHT @ the CALL CENTER —CHETAN BHAGAT [Typeset By: Arun K Gupta]
ONE NIGHT @ THE CALL CENTER —CHETAN BHAGAT [Typeset by: Arun K Gupta] This is someway my story. A great fun, inspirational One! Before you begin this book, I have a small request. Right here, note down three things. Write down something that i) you fear, ii) makes you angry and iii) you don’t like about yourself. Be honest, and write something that is meaningful to you. Do not think too much about why I am asking you to do this. Just do it. One thing I fear: __________________________________ One thing that makes me angry: __________________________________ One thing I do not like about myself: __________________________________ Okay, now forget about this exercise and enjoy the story. Have you done it? If not, please do. It will enrich your experience of reading this book. If yes, thanks Sorry for doubting you. Please forget about the exercise, my doubting you and enjoy the story. PROLOGUE _____________ The night train ride from Kanpur to Delhi was the most memorable journey of my life. For one, it gave me my second book. And two, it is not every day you sit in an empty compartment and a young, pretty girl walks in. Yes, you see it in the movies, you hear about it from friend’s friend but it never happens to you. When I was younger, I used to look at the reservation chart stuck outside my train bogie to check out all the female passengers near my seat (F-17 to F-25)is what I’d look for most). Yet, it never happened. -
Ms. Nadine Strossen
Written testimony of Nadine Strossen before Joint Hearing of the Subcommittee on Health Care, Benefits, and Administrative Rules and the Subcommittee on Intergovernmental Affairs of the Committee on Oversight and Government Reform, “Challenges to the Freedom of Speech on College Campuses” – July 27, 2017, 9:00 a.m., 2154 Rayburn House Office Building (Nadine Strossen is the John Marshall Harlan II Professor of Law, New York Law School, and the immediate past national President of the American Civil Liberties Union, 1991-2008.) Introduction I would like to thank Chairman Jordan and Ranking Member Krishnamoorthi of the Subcommittee on Health Care, Benefits and Administrative Rules, and Chairman Palmer and Ranking Member Demings of the Subcommittee on Intergovernmental Affairs, for convening this hearing on such a critically important topic and giving me the opportunity to participate. Having consulted with Chairman Jordan and Committee staff members, we agreed that I could be most helpful to your deliberations by drawing upon my expertise as a constitutional law professor, who has specialized in First Amendment freedom of speech issues, including specifically campus free speech issues. So let me start by saying a word about my longstanding engagement with these issues. My first major law review article on point was published in the Duke Law Journal way back in 1990, analyzing why the then-new so-called “hate speech” 1 codes on college campuses were unconstitutional, as well as unwise. (I attach a copy of this article as Appendix A to my testimony.) Despite the passage of time, the article’s analysis continues to be pertinent and accurate. -
Collechon the CHALLENGE HE Struggle for Freedom Today Centers T Around the Activities of the Organized Workers and Farmers
\ \"3 000018 American Civil Liherties Union Our fight is to help secure unrestricted liberty of speech, press and assemblage, as the only sure guarantee of orderly progress. fLORIDA ATLANTIC UNlVElCiin i LiBRARY "It is time enough for the rightful purpose of civil government for its officers to in terfere when principles break out into overt acts against peace and good order." Thos. Jefferson. 138 WEST 13th STREET NEW YORK CITY May, 1921 ~241 SOCIAUST - lABOR COllECHON THE CHALLENGE HE struggle for freedom today centers T around the activities of the organized workers and farmers. Everywhere that strug gle involves the issues of free speech, free press and peaceful assemblage. Everywhere the powers of organized business challenge the right of workers to organize, unionize, strike and picket. The hysterical attacks on "red" propaganda, on radical opinion of all sorts, are in substance a single masked at tack on the revolt of labor and the farmers against industrial tyranny. The hysteria aroused by the war, with its machinery for crushing dissenting opinion, is now directed against the advocates of indus trial freedom. Thirty-five states have passed laws against "criminal syndicalism," crim inal anarchy" or "sedition." Even cities en· act such laws. A wholesale campaign is on to deny the right to strike, by compulsory arbitration and by injunction. The nation wide open-shop crusade is a collossal attempt to destroy all organization of labor. Patrioteering societies, vigilantes, "loyalty leagues," strike-breaking troops or State Con stabularies and the hired gunmen of private corporations contend with zealous local prose cutors in demonstrating their own brands of "law and order." Meetings of workers and farmers are prohibited and broken up, speak ers are mobbed and prosecuted.