Labor Law

I would like to thank Amy Adler, Will Baude, Danielle Citron, Genevieve Lakier, Fred Schauer, Elizabeth Sepper, and the participants in The University of Chicago Legal Forum’s 2019 Symposium for their helpful comments. This piece builds upon the analysis of rights and harm I offered in Leslie Kendrick, Free Speech as a Special Right, 45 Phil. & Pub. Aff. 87 (2017).

I would like to thank the University of Chicago Legal Forum for hosting me at the 2019 Symposium: “What’s the Harm? The Future of the First Amendment” where I presented an earlier draft of this paper. I’m also grateful to the New Museum of Contemporary Art for hosting me to speak on the anniversary of the Mapplethorpe trial at its event “‘Robert Mapplethorpe: The Perfect Moment,’ Twenty-Five Years Later” and to Kevin Moore and Fotofocus for curating the event. I am grateful for the insights of the other speakers at the event: Johanna Burton, Keith Haring Director and Curator of Education and Public Engagement at the New Museum; Jennifer Blessing, Senior Curator of Photography, Solomon R. Guggenheim Museum, New York; Paul Martineau, Associate Curator, Department of Photographs, the J. Paul Getty Museum, Los Angeles; and Britt Salvesen, Curator and Head of the Wallis Annenberg Photography Department and the Prints and Drawings Department, the Los Angeles County Museum of Art. Many thanks to Lillian Barany, Katherine Nemeth, and Jeffrey Waldron for superb research assistance and to Cynthia Adler as always for her comments.

Thanks to Bethany Reece, Jessica Reed-Baum, Virginia Sargent, and Jonathan Smith for outstanding research, and to the University of Chicago Legal Forum for excellent editorial assistance. Thanks too for thoughtful comments from Rachel Arnow-Richman, Rebecca Aviel, Amal Bass, Alan Chen, Terry Fromson, Beto Juarez, Margot Kaminski, Margaret Kwoka, Vicki Schultz, Nantiya Ruan, Derigan Silver, Scott Skinner-Thompson, Catherine Smith, and the par-ticipants at the Colloquium on Scholarship on Employment and Labor Law at Texas A&M School of Law, the Free Expression Scholars Conference at Yale Law School, and the symposium on What’s the Harm? The Future of the First Amendment, at the University of Chicago Law School.

I would like to extend my thanks to the current and past members of The University of Chicago Legal Forum for thoughtful edits on this piece. All errors are my own.