Edward Masterman JD'50, LLD'90

This March, Suffolk Law hosted the fifth annual Masterman Institute Symposium on the First Amendment and the Fourth Estate. The 2013 symposium, entitled "Justice Alito's First Amendment," looked at the various ways in which U.S. Supreme Court Justice Samuel Alito has interpreted the First Amendment during his seven years on the Court.

Edward Masterman JD '50, LLD '90, who founded the institute in 2008 with his wife Sydell, kicked off the event with an emphasis on the importance of the First Amendment.

Keynote speaker Geoffrey Stone followed. Stone, a University of Chicago Law School professor and author of Speaking Out! Reflections on Law, Liberty and Justice, explained why he believed Alito's actions as a Supreme Court Justice are cause for concern.

Stone emphasized that while conservative justices like Alito are generally more likely to show judicial restraint, Alito has been a relative activist when it comes to the First Amendment. Unfortunately, said Stone, he's just not consistent.

According to Stone, Justice Alito has been an activist in the cases one would expect from a conservative justice; he's actively protected the interests of corporations, the wealthy, religious groups, and gun owners. But he's shown significant restraint in cases dealing with women, with minorities, or with convicted criminals.

Stone explained that there doesn't seem to be a set of principles guiding Alito's decisions that deal with the First Amendment, other than his personal values. He described this not only as "disheartening," but also as being "dangerous to the nation."

Stone's speech was followed by a panel discussion moderated by Suffolk Law professor Jessica Silbey. The participants – nationally recognized media lawyer Robert A. Bertsche, V.P. Legal and Deputy General Counsel for the Los Angeles Times Karlene W. Goller, Los Angeles Times Editor-at-Large Jim Newton, and Boston College Law professor Mary-Rose Papandrea – each had a unique take on what makes Justice Alito's decisions stand out from his fellow Supreme Court justices.

What they all seemed to agree upon was that Alito's inconsistent treatment of the First Amendment is problematic.

Goller pointed out that Alito only seems to want to protect the speech that he is in favor of, and surprised herself by quoting Hustler magazine publisher Larry Flynt: "The only reason you have a First Amendment is to protect that odious speech."

Bertsche said that Alito is particularly troubling because as a lawyer, part of his job is to advise clients about where the Court may stand on certain issues. Alito has just been too "wishy-washy" on First Amendment cases for Bertsche and other lawyers to figure out how he'll rule on a given case. 

About the Masterman Institute

Some of the most polarizing and provocative issues of our time involve matters rooted in the First Amendment. Edward I. Masterman JD '50, LLD '90 and his wife Sydell, established the Masterman Institute on the First Amendment and the Fourth Estate to provide a forum for robust debate and exchange of ideas on freedom of the press and its attendant responsibilities. The Institute hosts a symposium each year that brings together representatives from government, the legal profession, and the press for the purposes of informing, educating, and engaging those who care deeply about these issues. Associate Dean and Professor of Law Karen Blum JD '74 is the Director of the Masterman Institute. Professor Blum teaches in the areas of federal courts and civil rights and liberties.