In this episode of the Touro Law Review Podcast, our invited guest, renowned attorney, professor and writer, Alan Dershowitz, discusses the relationship between so-called “cancel culture” and the Free Speech Clause of the First Amendment to the United States Constitution. Professor Dershowitz is joined in the podcast by: Prof. Peter Zablotsky as moderator; Georgia Reid, third-year law student and Online Editor of the Touro Law Review; and Professor Jorge R. Roig, who teaches Constitutional Law at the Touro Law Center.
The conversation took us to explore the definition of “cancel culture”, as well as the similarities and distinctions between the current atmosphere in public discourse and analogous situations in human history, from the ancient Athenians’ procedure for ostracism, through public shaming and pillorying during the Middle Ages, to 20th Century totalitarian regimes. The conversation also engaged with the limitations of constitutional protections under the current interpretation of the State Action Doctrine. The panelists discussed possible desirable changes to the law, both in the Free Speech and State Action doctrines themselves, as well as in seemingly unrelated areas of the law such as Antitrust. The podcast also focused on the role that law students and professors can play in the promotion and furtherance of First Amendment values in both the educational and practice settings. Finally, the continued need and value of Section 230 of the Communications Decency Act, which provides certain types of immunities to online service providers, including social media platforms, was assessed by the panelists.
Brought to you by the Touro Law Review.
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