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Near v. Minnesota: the History and Current Applications
Start Date: 4/16/2019 All Day
End Date: 4/16/2019
Event Description:

Event Details:
Tuesday, April 16, 2019
8 am Check-in
9 am Program Begins
12:30 pm Feature lunchtime speaker

Full Program Run Time:
9 am- 1:30 pm

Mitchell Hamline School of Law
875 Summit Avenue St. Paul, MN 55105

Cost and CLE:
Free to attend, but registration is required. 

Approval is being sought for 3 CLE credits. 

Program Summary:
In 1931, the U.S. Supreme Court ruled in Near v. Minnesota that prior restraint of the press is an unconstitutional attack on the First Amendment. 

Mitchell Hamline will dive into the history of that case and its modern-day applications through panel discussions and presentations.

Nadine Strossen, a professor of law at New York Law School and former president of the American Civil Liberties Union, will discuss hate speech regulation during a lunchtime address beginning at 12:30 pm. 

Featured Speakers:
Nekima Levy Armstrong
Nadine Strossen

Featured Panelists:
Jaylani Hussein
Anthony Sanders
Professor Jonathan Kahn
Professor Raleigh Hannah Levine
Professor Anthony S. Winer
Professor Mike Steenson 

Program Schedule:

Freedom of Speech in an Era of Social Responsibility:
The Near Injunction at Ninety.

9:00 – 9:10 Mark Gordon

Program introduction.

9:10 – 9:45 Professors Tony Winer and Mike Steenson

Near v. Minnesota, the Supreme Court’s seminal prior restraint case, was decided against a backdrop of yellow journalism and virulent anti-Semitism. The Court, in an opinion by Chief Justice Hughes, connected the First Amendment with its English antecedents in holding that the prior restraint was unconstitutional. Professors Winer and Steenson will explore the colorful history of Near.

9:45 – 10:15 Professor Raleigh Levine

Post-Near controversies: New York Times v. United States, United States v. Progressive, 3D Gun Printing, and Prior Restraints in the Internet Age.

Professor Levine will discuss some of the most significant post-Near prior restraint cases, focusing on those in which the government argued that a prior restraint was necessary because the speech at issue threatened our national security. In addition, she will examine the efficacy of prior restraints on speech published on the Internet and social media platforms.

10:15-10:30  Break

10:30 – 10:45 Nekima Levy Armstrong

According to FBI statistics, there has been an alarming increase in hate crimes over the last three years. Racism, anti-Semitism, and white nationalism are also on the rise, leading some to question whether “hate speech” is helping to fuel the increases. This talk will explore the question of whether “hate speech” should be regulated or protected as free speech in the interests of justice and equality.

11:15 – 12:15  Panel Discussion. Professor Jon Kahn (moderator), Jaylani Hussein, Anthony Sanders, Professor Tony Winer

Given strong First Amendment protections preventing the outright criminalization of what we might today call "hate speech," what options might be available for constructively managing the potential harms or threats posed by such speech - both to individuals and to the social fabric of particular communities?  This panel will consider some of the challenges posed by hate speech in diverse contexts ranging from on-line doxing to the Neo-Nazi marches in Charlottesville to hate speech codes and trigger warnings on university campuses. 

12:30   Lunch. Professor Nadine Strossen

Professor Strossen will discuss her 2018 book, HATE:  Why We Should Resist it With Free Speech, Not Censorship (Oxford University Press).


Location Information:
Mitchell Hamline School of Law - *Main Campus  (View Map)
875 Summit Ave
St. Paul, MN 55105
Phone: 651-227-9171
Room: Auditorium (245)
Contact Information:
Name: Marie Failinger

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