As speech on the Internet increasingly dominates public discourse, the decision-making within Facebook, Google and the like about what to carry and what not is of ever-increasing import. The impact of Facebook and its competitors on our elections, the nature of their content moderation policies, the impact of the Internet on First Amendment values and law is the topic of this conversation led by Floyd Abrams between evelyn douek, a leading scholar of content moderation and platform governance, Professor Noah Feldman, whose concept of an internal equivalent of a Supreme Court within Facebook has been adopted by that company, and Professor Richard Hasen, the nation’s leading legal expert on election law.
Please use this link to make your reservation now, and join us on May 4: https://www.eventbrite.com/e/the-internet-elections-and-the-first-amendment-tickets-151219807515.
Abrams Institute Conversations are made possible through the generous support of the Stanton Foundation.
evelyn douek is a Lecturer on Law and S.J.D. candidate at Harvard Law School, Associate Research Scholar at the Knight First Amendment Institute at Columbia University, and Affiliate at the Berkman Klein Center for Internet & Society. She studies online speech regulation and platform governance. Before coming to Harvard to complete a Master of Laws, evelyn clerked for the Chief Justice of the High Court of Australia, the Hon. Justice Susan Kiefel, and worked as a corporate litigator. She received her LL.B. from UNSW Sydney, where she was Executive Editor of the UNSW Law Journal.
Noah Feldman is the Felix Frankfurter Professor of Law and Director of the Julis-Rabinowitz Program on Jewish and Israeli Law. He specializes in constitutional studies, with a particular emphasis on the relationship between law and religion, free speech, constitutional design, and the history of legal theory. Felix Frankfurter Professor of Law at Harvard Law School, he is also the Chairman of the Society of Fellows at Harvard. In 2003 he served as senior constitutional advisor to the Coalition Provisional Authority in Iraq, and subsequently advised members of the Iraqi Governing Council on the drafting of the Transitional Administrative Law or interim constitution. Noah Feldman proposed what became the Facebook Oversight Board; helped design it; and advises FB and other social media clients on free expression issues.
Richard L. Hasen is Chancellor’s Professor of Law and Political Science at the University of California, Irvine. Hasen is a nationally recognized expert in election law and campaign finance regulation, writing as well in the areas of legislation and statutory interpretation, remedies, and torts. He is co-author of leading casebooks in election law and remedies. He served in 2020 as a CNN Election Law Analyst. From 2001-2010, he served (with Dan Lowenstein) as founding co-editor of the quarterly peer-reviewed publication, Election Law Journal. He is the author of over 100 articles on election law issues.
Floyd Abrams is senior counsel at Cahill Gordon & Reindel LLP, a Visiting Lecturer at Yale Law School and a Lecturer in Law at Columbia Law School. He is the author of three books about the First Amendment of which the most recent was “The Soul of the First Amendment“ (2017). Mr. Abrams has argued numerous cases involving the First Amendment in the Supreme Court and lower courts. Among others, he was co-counsel to the New York Times in the Pentagon Papers case, counsel to the Brooklyn Museum in its litigation against New York City Mayor Rudolph Giuliani, and counsel to Senator Mitch McConnell in the Citizens United case. Former Yale Law School Dean Robert Post has observed that “no lawyer has exercised a greater influence on the development of First Amendment jurisprudence in the last four decades.”
The Floyd Abrams Institute for Freedom of Expression at Yale Law School promotes freedom of speech, freedom of the press, access to information and government transparency. The Institute’s activities are grounded in the belief that collaboration between the academy and the bar will enrich both scholarship and practice.