
Both panels were extremely interesting. The first panel included an interesting presentation by Volokh on laws protecting free speech outside of the workplace and a detailed discussion by Epstein of how union laws can restrict speech. We then had a lively discussion and exchanges with the audience. I particularly like catching up with Epstein who also teaches torts and is the author of the casebook that I use at George Washington. Epstein is a towering figure among libertarian scholars. Volokh and I had some great conversations as legal bloggers with many overlapping interests. His blog Volokh Conspiracy remains a fabulous site that has now associated with The Washington Post.
The second panel which included presentations by media expert Lindsay Hoffman and expert on health information Deborah Peel, was particularly lively. Fish, who has long supported limits on free speech and I were obviously polar opposites. If the idea was to have us butt heads, we did not disappoint. We sharply disagreed about the role and essence of free speech. Fish takes a purely instrumental view of free speech and sees censorship as a component to free speech. I take a more normative view of free speech and oppose most limitations. It was even more lively with Epstein in the audience who threw into the melee over free speech.
We finished the conference with a lunch with President Matthew Holland that was prepared by the school’s culinary studies department, which is always an incredible treat with music from school’s celebrated music program.
I am always sorry to leave Utah, which remains one of my favorite places on Earth. However, tomorrow I will again debate Berkeley Professor John Yoo at the Constitution Day event sponsored by Hillsdale College at the JW Marriott in Washington, D.C. at 10:45 am.
Thank you everyone in Orem and Utah Valley University!
