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The Bill of Rights on Trial
With Guest Speakers Ilya Shapiro and Richard Samp
Join Dr. John C. Eastman for our upcoming tele-town hall. Dr. Eastman and his guests will discuss a set of cases that test the boundaries of freedom of speech in commerce as well as two cases that consider whether those harmed by government actors should be allowed to seek damages from the individual officers who violated their rights.
Dr. Eastman will be joined by Ilya Shapiro, senior fellow in constitutional studies and editor-in chief of the Cato Supreme Court Review, to discuss the boundaries of freedom of speech. Lee v. Tam involves the U.S. Patent and Trademark Office’s denial of the trademark application of the Asian rock music group, “The Slants,” because their name was found to be disparaging. In Expressions Hair Design v. Schneiderman, merchants were forbidden to truthfully notify customers that use of a debit or credit card would result in a “surcharge.” The Court must decide if the First Amendment protects these types of speech.
Richard Samp, chief counsel of the Washington Legal Foundation, will join Dr. Eastman to discuss Ziglar v. Abbasi and Lewis v. Clarke. Both cases present a claim against government officials who are sued as individuals for harming a person in the course of their job. In Ziglar, the plaintiffs claim individuals within the Bush Administration violated their Fourth Amendment right against unreasonable searches and seizures by detaining them as potential terrorists in the days immediately following the 9/11 attacks. In Lewis, plaintiffs challenge whether an Indian tribe’s sovereign immunity protects a tribal employee from personal liability for damages when sued for committing a tort during the course of his tribal employment.
Dr. Eastman is the Founding Director of the Claremont Institute’s Center for Constitutional Jurisprudence and the Henry Salvatori Professor of Law & Community Service at Chapman University Fowler School of Law. He served as a law clerk with Justice Clarence Thomas in 1996-97.