First Amendment in Flux: Indirect Constraints, Institutional Power, and the Future of Free Speech

The First Amendment is often described as a cornerstone of American democracy—but today, its protections are being tested in increasingly complex and indirect ways. This panel will explore both traditional and emerging threats to free expression. Topics will include publishing and speech in regulated spaces, the use of immigration enforcement as a tool that can chill dissent, and broader governmental efforts to exert control over speech in special institutional settings such as universities. Panelists will also consider how indirect penalties, private pressures, and shifting cultural norms may undermine the theoretical foundations of free speech itself.

Together, the panelists will interrogate whether existing constitutional doctrine is sufficient to address these modern challenges and what the future of free speech protection may look like in a rapidly changing legal and political landscape.

Panelists:

• Professor Conkle
• Professor Tomain
• Professor Macia

Moderator:

• Professor Krishnan