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Thursday, October 04, 2018

Barnette at 75 (Move to top)

Beginning at 9 a.m. Friday (tomorrow) is the FIU Law Review Symposium, Barnette at 75: The Past, Present, and Future of the "Fixed Star in Our Constitutional Constellation." The link includes the video for the livestream. The livestream and recording also are available here. The issue of the Law Review (which will include published transcripts of the Q&A sessions) will be published later this academic year.

The full schedule is after the jump.

Panel 1: Barnette in Historical Context

Chair and Moderator

Dean Joëlle Moreno, FIU College of Law


Ronald K.L. Collins, Thoughts on Hayden C. Covington and the Paucity of Litigation Scholarship

John Inazu, Barnette and the Four Freedoms

Genevieve Lakier, Barnette, Compelled Speech, and the Regulatory State

Brad Snyder, Frankfurter and the Flag Salute Cases


Panel 2: Reading Barnette

Chair and Moderator

Prof. Tawia Ansah, FIU College of Law


Paul Horwitz, Barnette: A Close Reading (for Vince Blasi)

Aaron Saiger, The pedagogy of Barnette

Steven Smith, “Fixed Star” or Twin Star? The Ambiguity of Barnette


Keynote Address

Prof. John Q. Barrett, St. John's University School of Law


Panel 3: Barnette in Modern Context

Chair and Moderator

Prof. Howard M. Wasserman, FIU College of Law


Erica Goldberg, “Good Orthodoxy”and the Legacy of Barnette

Abner S. Greene, Barnette and Masterpiece Cakeshop: Some Unanswered Questions

Leslie Kendrick, A Fixed Star in New Skies: The Evolution of Barnette

Posted by Howard Wasserman on October 4, 2018 at 10:47 PM in First Amendment, Howard Wasserman, Teaching Law | Permalink


Yes, Aaron Saiger focused on schools, and speech rights in schools have been mentioned so far (halfway through the day) by several speakers.

Posted by: Paul Horwitz | Oct 5, 2018 1:46:46 PM

I'm glad Abner is going to talk about Masterpiece Cakeshop, since Barnette spent a lot of time talking about weddings and catering.

But hopefully someone also talks about student speech issues, like school uniforms, black armbands, student newspapers, student speeches for class president, etc., since Barnette wasn't about religious freedom but was about free speech.

Believe it or not, if you ask students about student rights, they think about Tinker and not Masterpiece Cakeshop . . .

Posted by: Jacob's Clark County | Oct 5, 2018 12:30:36 AM

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