Where Do We Draw the Line? Exploring the Tension between Free Speech Rights and Educational Access

Wednesday, January 29, 2025

12:00 PM to 2:00 PM (Eastern Standard Time)

CBA Law Center

538 Preston Ave., 3rd Floor, Meriden

Presented by the CT Bar Institute

About the Program

In an article published on December 13, 2023, in the Connecticut Law Tribune, Joette Katz, former Associate Justice on the Connecticut Supreme Court, grappled with the tension between First Amendment protections of free speech on college campuses and the rights of students in an educational setting to be free from bullying, intimidation, and incitement. Reacting to testimony provided during congressional hearings regarding claims of antisemitism at universities around the country, Justice Katz posed an important question: “Did the speech at issue interfere with the ability of some students to truly access the education to which they were entitled?” 

This course will explore the legal framework that makes this question the right one to ask and that shapes how we answer it. We will discuss the application of First Amendment doctrine to the educational setting while examining the line at which free speech and academic freedom rights end and other rights, such as those under Title VI, begin. We will address nuances and differences pertaining to public versus private schools, students versus faculty, laws versus school policies, and K-12 institutions versus institutions of higher education. 

The course will begin with a presentation on applicable legal principles provided by Jessica Richman Smith, a partner at Shipman & Goodwin LLP. Justice Katz, also a partner Shipman & Goodwin LLP, will then moderate a panel which will include Nicole Fournier Gelston, General Counsel of the University of Connecticut, and David Winakor, General Counsel and Secretary of Wesleyan University, who will respond to questions about how they approach these important issues at their respective schools. 

Registration and lunch at 11:30 a.m. The program starts at noon.

This program will not be recorded.


You Will Learn

  • About the legal framework behind free speech and educational access
  • About nuances and differences pertaining to:
    • Public versus private schools
    • Students versus faculty
    • Laws versus policies
    • K-12 institutions versus institutions of higher education

Who Should Attend

Attorneys interested in the tension between free speech rights and educational access.

Cost

(Includes lunch and electronic materials)
Education Section and Legal Aid/Services $75
Member $90
CLE Pass Holder $15 (you must have purchased the CLE Pass to register as a CLE Pass holder) 
Student Member $45
Non-Member $180

Financial hardship information is available upon request.

Speakers

Nicole Gelston1 Nicole Fournier Gelston
Office of General Counsel, University of Connecticut, Storrs

Jessica Smith1 Jessica Richman Smith
Shipman & Goodwin LLP, Stamford

David Winakor1 David S. Winakor
Office of General Counsel, Wesleyan University, Middletown

Moderator

Joette Katz1 Justice Joette Katz (Ret.)
Shipman & Goodwin LLP, Stamford


CLE Credit

CT: 2.0 CLE Credits (General)
NY: 2.0 CLE Credits (AOP)
 
The Connecticut Bar Association/CT Bar Institute is an accredited provider of New York State CLE. This program qualifies for newly admitted and experienced attorneys CLE credits. 

Attorneys seeking NY CLE credit who have been admitted to the New York State Bar for two years or less must attend the live seminar for skills or ethics credit, a fully interactive videoconference, or simultaneous transmission with synchronous interactivity. Diversity, Inclusion and Elimination of Bias CLE credits are only available as non-transitional credits. For further information please see the NYCourts.gov page on CLE: http://ww2.nycourts.gov/attorneys/cle/index.shtml. 

Please note that refunds will not be granted once course materials have been sent. Cancellations made less than 2 business days prior to event are non-refundable.


Contact

Member Service Center
Email: msc@ctbar.org
Phone: (844)469-2221