Whose Right? Corporations, People and the 1st Amendment

October 29, 2010

1:30 p.m. - 5:00 pm

hosted by the University of Washington School of Law, Seattle

 
 
Registration fee $150. Early registration discount $125 until October 22, 2010
3.0 General CLE credits approved by WSBA.  OSB pending.
To register go to: http://www.law.washington.edu/cle/seminars/WhoseRight
 

This year the United States Supreme Court’s landmark Citizens United v. FEC  decision held that certain kinds of political spending by corporations and unions is a form of protected speech under the First Amendment.  In addition, the Court’s recent Holder v. Humanitarian Law Project decision concluded that advocating for peace and human rights while "providing material support” to
groups designated by the Secretary of State as "foreign terrorist organizations" can be punished as a terrorist act.
 
These cases raise fundamental questions about the scope of the First Amendment. What impact does Citizens United have on the political landscape?  Will all voices, including those of dissenters, minorities and poor people be heard? What does Citizens United say about stare decisis?  How does a finding of "providing material support" affect refugees, asylum seekers and those who promote peace and human rights?  Alternately, what government interests are advanced by such rules and to what extent are those interests protected? 
 

Program Schedule

12:00 p.m. - 1:00 p.m. Box Lunch with National Lawyers Guild President David Gespass
                                                (please request a lunch by responding to www.nlgseattle.org)
 
 1:00 p.m. – 1: 30 p.m.            Registration

1:30 p.m. – 1:45 p.m.              Introduction

1:45 p.m. - 3:15 p.m.               Citizens United v. FEC Decision

Ronald K.L. Collins, Harold S. Shefelman Scholar, University of Washington School of Law and nationally recognized expert and author on First Amendment law and theory.
 
How enhanced First Amendment rights for corporations and commercial expression were created; how a division in the legal community over the question of corporate speech rights developed; how capitalism is linked with modern constitutionalism and the general enhancement of free speech rights as we now know them; and, how the ideal of transparency is being attacked in ways that
undermine the jurisprudence of free expression.

Michael Withey, Seattle public interest lawyer whose practice areas include consumer cases against corporations, campaign finance, government liability, free speech and personal injury.
 
How to challenge corporate contributions and political action which violate the public disclosure requirements of state law; the disparity of influence between corporations and individuals as it pertains to fair play and transparency in election reform.


3:30 p.m. – 4:45 p.m.         Holder v. Humanitarian Law Project Decision

Shayana Kadidal, senior managing attorney of the Guantánamo Global Justice Initiative, Center for Constitutional Rights, New York City; co-counsel on the Humanitarian Law Project case.

What the ruling means: how far do the prohibitions now reach, and the scope of the exemptions conceded by the government at oral argument over the years; what the ruling might portend doctrinally; and, the implications for public interest attorneys representing clients said to have some association with blacklisted organizations and individuals.

J. Ashlee Albies, Associate, Creighton & Rose, PC, Portland, whose practice areas include civil rights, employee-side employment law and police misconduct litigation.
 
Defending the right to dissent, to act in solidarity with oppressed peoples, and to resist the chilling effect of this case in light of the September 24-26 FBI action against several anti-war and  solidarity activists involved in solidarity work with the Palestinian  and Colombian people.

4:45 p.m. – 5:00 p.m.           Questions and Answers   


 Program Information:
Questions about the program?  Please call UW CLE at 206-543-0059 or 800-253-8648. E-mail address:  [email protected].               
Website:  www.law.washington.edu/cle.
 
The University of Washington is committed to providing access, equal opportunity and reasonable accommodation in its services, programs, activities, education and employment for individuals with disabilities.
 
To request accommodations for the disabled, please contact the Disability Services Office at least ten days in advance at:  206-543-6450 (voice); 206-543-6452 (TTY); 206-685-7264 (fax); [email protected] (email).