Plus, understanding a radical threat to democracy via an unprecedented approach to the elections clause
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Is the Big Lie Protected Speech?
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Wednesday, May 4, 6–7 p.m. ET
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One-third of Americans still believe the Big Lie, which is the verifiably false claim that Donald Trump was the winner of the 2020 presidential election. The Supreme Court has ruled that certain lies and inaccuracies are protected under the First Amendment — but when an elected official’s lies intentionally undermine our democracy, does that protection extend? And since big lies need an audience, what is the responsibility of the press in preventing their spread?
Speakers: Katy Glenn Bass, Research Director, Knight First Amendment Institute, Columbia University // Catherine J. Ross, Lyle T. Alverson Professor of Law, George Washington University Law School // Ciara Torres-Spelliscy, Fellow, Brennan Center for Justice; Professor of Law, Stetson University College of Law // Moderator: Eugene Daniels, White House Correspondent, Playbook Co-Author, POLITICO
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The Independent State Legislature Theory’s Radical Threat to Democracy
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Wednesday, May 11, 1:30–2:45 p.m. ET
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Conservative legal activists are pushing the Supreme Court to make the so-called Independent State Legislature Theory the new law of the land. Under this radical approach to the U.S. Constitution’s Elections Clause, state legislatures would have exclusive power to make election law, unconstrained by state constitutions, state courts, state governors — and possibly even federal law. If the Court endorsed this theory, it would upend our system of government and overturn every state’s election system, opening the door to more voter suppression and redistricting that makes it harder for voters, particularly voters of color, to cast ballots that count in free and fair elections.
At least four Supreme Court justices have signaled their openness to this absurd theory. But a new wave of scholarship shows just how wrong and damaging it would be if the Court transformed this theory into law.
Speakers: Vikram D. Amar, Dean and Iwan Foundation Professor of Law, University of Illinois School of Law // Leah Litman, Assistant Professor of Law, Michigan Law // Carolyn Shapiro, Professor and Co-director of the Institute on the Supreme Court of the United States, Chicago-Kent College of Law, Illinois Tech // Kate Shaw, Professor of Law and Co-Director of Floersheimer Center for Constitutional Democracy, Cardozo Law // Moderator: Wilfred U. Codrington III, Fellow, Brennan Center; Assistant Professor of Law, Brooklyn Law School
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Universal Voting
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Tuesday, May 17, 6–7 p.m. ET (rescheduled from April 12)
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American voters turned out in record numbers in 2020, with a 13 percent jump from 2016. Even so, we lag behind many other democracies — including Belgium, Sweden, Australia, Uruguay, and South Korea. How would our country be transformed if we did away with arguments over voting rights and instead committed to an election process where every citizen not only has the right to vote, but a requirement to do so?
Twenty-six countries require participation in their elections. In 100% Democracy: The Case for Universal Voting
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, co-authors E.J. Dionne and Miles Rapoport argue that the United States should follow in their footsteps. After all, Americans are required to pay taxes and serve on juries. Join us for a conversation with the authors and New York City Council Member Alexa Avilés about universal voting and how to implement it.
Speakers: E.J. Dionne, Senior Fellow, Brookings Institution; Columnist, Washington Post; Co-author, 100% Democracy: The Case for Universal Voting // Miles Rapoport, Senior Practice Fellow in American Democracy, Ash Center for Democratic Governance and Innovation, Harvard Kennedy School; Co-author, 100% Democracy: The Case for Universal Voting // Moderator: Alexa Avilés, Member (District 38), New York City Council
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