FedSoc Forums

The Federalist Society

*This series was formerly known as Teleforums. FedSoc Forums is a virtual discussion series dedicated to providing expert analysis and intellectual commentary on today’s most pressing legal and policy issues. Produced by The Federalist Society’s Practice Groups, FedSoc Forum strives to create balanced conversations in various formats, such as monologues, debates, or panel discussions. In addition to regular episodes, FedSoc Forum features special content covering specific topics in the legal world, such as: Courthouse Steps: A series of rapid response discussions breaking down all the latest SCOTUS cases after oral argument or final decisionA Seat at the Sitting: A monthly series that runs during the Court’s term featuring a panel of constitutional experts discussing the Supreme Court’s upcoming docket sitting by sittingLitigation Update: A series that provides the latest updates in important ongoing cases from all levels of government The Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.

  1. 2d ago

    The Future of Birthright Citizenship: What’s Next After Trump v. Barbara (Part Two)

    On June 30, the Supreme Court held in Trump v. Barbara that nearly all children born on U.S. soil are citizens at birth. But questions remain about the decision’s reasoning and its legal and policy implications. The decision has not ended the debate. The administration and other proponents of a narrower understanding of birthright citizenship are now testing the decision’s boundaries. On August 6, the President issued two executive orders addressing birthright citizenship and birth tourism. The first order expressly identifies categories the administration contends “do not fall within the rule of birthright citizenship as announced by the Supreme Court.” Within days, the issue was back in federal court. Join the Federalist Society and the Harvard Journal of Law & Public Policy for a two-part online symposium featuring scholars and practitioners examining the decision, its impact, and what comes next. The programs will accompany a collection of short essays to be published in the Harvard Journal of Law & Public Policy's online publication, Per Curiam. Featuring: Prof. Linda Denno, Senior Fellow, Civitas Institute, University of Texas, Austin Eric Wessan, Solicitor General, Iowa Office of the Attorney General John Yoo, Emanuel S. Heller Professor of Law, University of California at Berkeley; Senior Research Fellow, School of Civic Leadership, Civitas Institute, University of Texas at Austin; Nonresident Senior Fellow, American Enterprise Institute (Moderator) Will Randolph, Deputy Editor-in-Chief, Harvard Journal of Law & Public Policy

  2. 2d ago

    The First Amendment and White House Press Access

    On September 18, President Trump announced that he was "banning" CNN, MS NOW, and Politico from the White House, citing what he characterized as false reporting by the outlets. Journalists from all three organizations were subsequently denied access to the White House grounds and had their credentials revoked. The outlets have sued, arguing that the administration's actions have violated their First Amendment and due process rights.The controversy is the latest chapter in a longstanding debate over the constitutional relationship between the President and the press. Although the White House is not generally open to the public, presidential administrations have long provided journalists with press credentials and access to briefings, press facilities, and limited-access events. Courts have confronted disputes over the denial or revocation of that access, but important questions remain about the scope of the President’s authority and the protections afforded by the Constitution.What constitutional limits, substantive or procedural, govern a president’s ability to determine which journalists may access the White House? When does the exclusion of a journalist amount to impermissible viewpoint discrimination or retaliation? And does the First Amendment’s Press Clause provide protections distinct from those afforded to speakers generally?Join us for a discussion of the recent exclusions and the constitutional questions they raise. Featuring: Michael Francisco, Partner, First & Fourteenth PLLC Robert Shibley, Special Counsel, Campus Advocacy, Foundation for Individual Rights and Expression (FIRE) (Moderator) Casey Mattox, Vice President for Legal Strategy, Stand Together

  3. 2d ago

    Corporate Speech in the Crosshairs: New Frontiers in First Amendment Law

    For decades, the First Amendment has protected the rights of individuals, associations, and businesses to participate in public debate on matters of public concern. Yet a growing number of governments are pursuing novel legal theories that seek to impose liability for, compel, or otherwise restrict corporate speech.This panel will examine emerging efforts to regulate corporate expression through litigation, legislation, and administrative action. For example, state and local governments across the country have brought climate-change lawsuits that rely, in large part, on companies’ speech and associations as a basis for liability, often disguised under nuisance, consumer-protection, or related theories. Other jurisdictions have been more direct. Hawaii’s Act 11 expressly targets speech of corporations, partnerships, and nonprofits on any electoral issues. And states like Texas have increasingly required businesses to convey government-prescribed messages on their products and services.From climate litigation and compelled disclosures to mandated warnings and restrictions on corporate advocacy, panelists will explore these trends and whether they are consistent with the First Amendment and the fundamental structure and premises of a free society. Featuring: Ryan L. Bangert, Senior Vice President, Strategic Initiatives & Special Counsel to the President, Alliance Defending Freedom Erik S. Jaffe, Partner, Schaerr Jaffe LLP Darpana Sheth, General Counsel, Center for Individual Rights Owen Yeates, Senior Attorney, Institute for Free Speech (Moderator) Gene Schaerr, Partner, Schaerr Jaffe LLP

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About

*This series was formerly known as Teleforums. FedSoc Forums is a virtual discussion series dedicated to providing expert analysis and intellectual commentary on today’s most pressing legal and policy issues. Produced by The Federalist Society’s Practice Groups, FedSoc Forum strives to create balanced conversations in various formats, such as monologues, debates, or panel discussions. In addition to regular episodes, FedSoc Forum features special content covering specific topics in the legal world, such as: Courthouse Steps: A series of rapid response discussions breaking down all the latest SCOTUS cases after oral argument or final decisionA Seat at the Sitting: A monthly series that runs during the Court’s term featuring a panel of constitutional experts discussing the Supreme Court’s upcoming docket sitting by sittingLitigation Update: A series that provides the latest updates in important ongoing cases from all levels of government The Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.

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