"Privacy Versus Free Speech in the Age of Mass Media, Twenty-First Century Communications, and Social Media"
View this highly interactive dialogue on the subject of the tension between our notion of individual privacy and the media's exercise of the free speech guarantee in the First Amendment. The discussion is in the context of today's media of mass communication and the emergence in recent years of social media. Professor Arthur R. Miller, Concord supplementary lecturer and New York University professor, took on the role of Bob Blogger in a series of hypothetical vignettes that present these issues to an elite panel of journalists and lawyers. The panel discussion, in a format popularized by the Fred Friendly Seminars on various PBS programs, was held in October 2011 at the Washington Post Conference Center in Washington, DC. The audience included Concord professors, alumni, and students.

Watch the Panel Discussion Video

Panelist Bios

Kevin Baine, Williams & Connolly LLP
Kevin Baine practices primarily in the areas of First Amendment, media, and general civil litigation. He has successfully defended more than 100 libel cases and has litigated a variety of cases raising issues of freedom of speech, freedom of the press, and freedom of religion. In his three decades at the firm, he has also handled a broad range of civil litigation at the trial and appellate levels including tort, contract, copyright, trademark, employment, and other commercial disputes.
Scott DeGarmo
Scott DeGarmo is a former marine and a Vietnam veteran, and retired from the Los Angeles Police Department after 20 years of service. He subsequently spent 20 years in location security, corporate and event security, VIP protection, traffic control, and bodyguarding for movie studios in and around Los Angeles.
Joel Wm. Friedman. Tulane Law School
Professor Joel Wm. Friedman is the Jack M. Gordon Professor of Procedural Law & Jurisdiction at Tulane Law School, where he also directs Tulane’s ITESM PhD program. He is the editor of Employment Discrimination Stories for West Publishing, as well as many casebooks, articles, and treatises in the areas of labor law, employment discrimination, and civil procedure.
Colleen Glynn, Executive Vice President and General Counsel, Olympusat
Colleen Glynn has been with Olympusat for more than 11 years spearheading its distribution efforts for Spanish-language networks, Faith & Families and Digital services. Her distribution efforts also focus on identifying and securing multiplatform distribution such as video on demand, broadband, and mobile applications. After graduating from Concord Law School in 2008, Glynn continued her role as executive vice president of affiliate sales and distribution while taking on the role of general counsel for Olympusat and its affiliated companies.
Donald E. Graham, Chairman of the Board and Chief Executive Officer, The Washington Post Company
Donald E. Graham became chief executive officer of The Washington Post Company in May 1991 and chairman of the board in September 1993. He was publisher of The Washington Post from January 1979 until September 2000 and chairman of the newspaper from September 2000 to February 2008. After graduating in 1966 from Harvard College, where he was president of the Harvard Crimson, Graham was drafted and served as an information specialist with the 1st Cavalry Division in Vietnam. He was a patrolman with the Washington Metropolitan Police Department from January 1969 to June 1970. Graham joined The Washington Post newspaper in 1971 as a reporter and subsequently held several news and business positions at the newspaper and at Newsweek.
Al Hunt, Executive Editor, Bloomberg News
Al Hunt is executive editor for Bloomberg News in Washington, DC, and the host of Bloomberg Television's "Political Capital with Al Hunt." Hunt, who has covered politics and business in Washington, DC, for nearly four decades, regularly contributes to Bloomberg Television's coverage of national political and economic affairs. He joined Bloomberg in January 2005 and also writes a weekly commentary column for Bloomberg News and The International Herald Tribune. Hunt previously served for 35 years in the Washington, DC. bureau of The Wall Street Journal.
Boisfeuillet Jones Jr., Vice Chairman, The Washington Post Company
Boisfeuillet Jones Jr. joined The Washington Post Company in 1980 as vice president and counsel. In 1995 he became president and general manager, assuming responsibility for the business side of the newspaper. In January 2000 he was named associate publisher, assuming responsibility of The Washington Post on a day-to-day basis. In September 2000 he succeeded Donald Graham as publisher and chief executive officer. He was named vice chairman of The Washington Post Company and chairman of The Washington Post in February 2008. Prior to joining The Washington Post Company, Jones was an attorney with Hill & Barlow in Boston, Massachusetts.
Jim Lehrer, Executive Editor and Anchor, PBS News Hour
Jim Lehrer has been an anchor on the PBS News Hour for 36 years. He has been honored with numerous awards for journalism, including the Chairman's Award at the 2010 National Academy of Television Arts & Sciences News & Documentary Emmy Awards; the 1999 National Humanities Medal presented by President Bill Clinton and First Lady Hillary Rodham Clinton; and the Fourth Estate Award, the National Press Club's top honor. Lehrer is the author of 20 novels, two memoirs, and three plays.
Dahlia Lithwick, Senior Editor, Slate
Dahlia Lithwick is a senior editor at Slate. She writes "Supreme Court Dispatches" and has covered the Microsoft trial and other legal issues. Before joining Slate as a freelancer in 1999, she worked for a family law firm in Reno, Nevada. Her work has appeared in The New Republic, Elle, and The Washington Post. She is coauthor of Me v. Everybody: Absurd Contracts for an Absurd World, a legal humor book.
Ruth Marcus, Columnist and Editorial Writer, The Washington Post
Ruth Marcus is a columnist and editorial writer for The Washington Post, specializing in American politics and domestic policy. Marcus has been with The Washington Post since 1984. She joined the national staff in 1986, covering campaign finance, the Justice Department, the Supreme Court, and the White House. From 1999 through 2002, she served as deputy national editor, supervising reporters who covered money and politics, Congress, the Supreme Court, and other national issues. She joined the editorial board in 2003 and began writing a regular column in 2006.
Arthur R. Miller (MODERATOR), University Professor at New York University and the New York University School of Continuing and Professional Studies
Arthur R. Miller is a leading scholar in the field of civil procedure and is coauthor with the late Charles Wright of Federal Practice and Procedure, the legendary treatise in the field. He is also one of the nation's most distinguished legal scholars in the areas of civil litigation, copyright, and unfair competition and privacy. Miller is the author of more than 40 books and numerous articles, including The Assault on Privacy: Computers, Data Banks, and Dossiers, the first book warning of the threat to privacy posed by modern information technology. Prior to joining New York University, he was the Bruce Bromley Professor of Law at Harvard for 36 years. He has been a supplementary lecturer for Concord since 1998.

The Audience Weighs In

  • "....Overall the experience was incredible. Professor Miller’s hypothetical world of Nirvana where he was a blogger and called his blog “Celebrity Stalkers” was fascinating as you could imagine yourself in that situation and as the panel answered his questions, such as ‘Why do you need to include the children?’ ‘What did they do to deserve that type of exposure?’ and so on, you can almost see the answers coming. The panelists were brilliant!"
    Janice Carucci, 2Jan11c
  • "Professor Miller asked intriguing questions during the presentation while the panelists provided thought-provoking answers on the cutting-edge topic of social media and free speech. Highlighting the event was meeting Professor Miller and all my Concord professors!"
    Victoria Sharp Kaufman, 2Jan11b
  • "A little over 2 years ago, I graduated from Concord Law School. Like many Concord students, it was a dream—a rigorous journey that Concord Law School has put forth for its successful graduates. Concord offered a unique opportunity to its academic community for enhancing continuing education. The moderation of the panel discussion conducted by Professor Arthur Miller brought immense interest to the participants. The lively discussions by distinguished panelists, many from within the Beltway, made the presentation most enjoyable intellectually and professionally. "
    Hafizur Rahman, Executive Juris Doctor 2009