The Villanova Law Review 2025 Norman J. Shachoy Symposium, 02/21

"Journalism at a Crossroads:
Legal Protections, Innovations and Democracy"

Friday, February 21
Symposium: 8:00 a.m.–3:30 p.m.
Reception: 3:30–5:30 p.m.

Laurence E. Hirsch '71 Classroom (Room 101)
John F. Scarpa Hall

The press, once heralded as essential to a functioning democracy, faces a constellation of challenges, including market crises and calls to eliminate constitutional protections crafted by the Supreme Court more than 60 years ago—protections that apply to all speakers but that are considered especially crucial to the press. Many suggest that the press has acted irresponsibly behind the shield of these legal protections and should be held more accountable for harms that it causes, which range from violation of privacy to trespassing to damaging reputation and injury caused by deceit employed to get a story. This year’s Villanova Law Review Norman J. Shachoy Symposium will focus on the legal questions raised by these issues and will consider how the law should respond to seismic changes in the political, marketplace and social landscapes. It will also look to the future and consider how the law and the press should navigate the challenges of a rapidly changing world.

The Pennsylvania Continuing Legal Education Board has approved this symposium for 5 substantive CLE credits. Please note registration for this event is required.

The annual Villanova Law Review Symposium is named for Norman J. Shachoy '58 COE, '61 CWSL, who served as editor-in-chief for volume six of the Villanova Law Review. The naming was made possible through his generous support, along with that of his son N. James Shachoy '86 CWSL.

Reception Honoring Professor Doris Brogan

This year’s symposium is based on articles involving challenges and protections for the press written by Doris DelTosto Brogan '81, Professor of Law & Heller McGuinness Leadership Chair, who will be retiring at the end of this academic year after over forty years at Villanova Law. During her time at the Law School, Brogan has been significantly involved with the Villanova Law Review and served as the secretary of the Villanova Law chapter of the Order of the Coif, the national honor society devoted to the encouragement of high standards of legal scholarship with chapters in leading law schools throughout the country. The Villanova Law Office of Development and Alumni Relations has partnered with the Villanova Law Alumni Association (VLAA) to hold a reception in the Ambassador David F. Girard-diCarlo ’73 and Constance B. Girard-diCarlo ’74 Student Lounge following this year's symposium to honor her work and legacy. Please note that registration for the reception is required in addition to the symposium and can be done via the registration link above. The VLAA is collecting submissions for those who wish to share how Prof. Brogan has impacted their career.

AGENDA

8:00–9:00 a.m.: Breakfast

9:00–9:15 a.m.: Introduction

9:15–10:30 a.m.: First Amendment Protections for Journalists

Related Article: Lies, Damn Lies, and Kamikaze Lies: Protecting Falsehoods in the Name of Truth

Sixty years ago, the Supreme Court decided New York Times v. Sullivan, a case that constitutionalized the tort of defamation, requiring public figures who sued for defamation to prove the speaker acted with “reckless disregard for the truth or falsity” of statements. Later cases transformed defamation from a virtual strict liability tort to requiring at least some fault, even for private figure plaintiffs. Many, including Supreme Court justices, public figures and legal scholars, have called for overturning this doctrine, arguing it has gutted the tort of defamation, leaving individuals who have suffered serious harm remediless and rouge speakers unjustifiably immunized from the consequences of their actions. While the doctrine shields all speakers, the press has benefitted most from its protections. Has the doctrine outlived its usefulness? Did it spawn the current climate of vicious attacks and disinformation? Does speech need “breathing room,” or have we protected falsity in the name of truth and now reap the whirlwind?

Panelists:

• Samantha Barbas, Aliber Family Chair in Law & Professor of Law, University of Iowa College of Law
• RonNell Andersen Jones, Lee E. Teitelbaum Professor of Law, University of Utah S.J. Quinney College of Law
• Gregory Magarian, Thomas and Karole Green Professor of Law,  Washington University School of Law
• Sonja West, Otis Brumby Distinguished Professor in First Amendment Law, University of Georgia School of Law

10:45 a.m.–12:00 p.m.: Special Protections for Investigative Journalists

Related Article: Truth, Lies, and Spelunking: Protecting the Investigative Reporters We Send into the Cave

In most instances, reporters can and do use traditional methods to gather the information needed to inform the public. But sometimes, traditional methods don’t work because the individuals or entities being investigated control the necessary information and are in a position to hide material that may be of significant public interest, especially in cases where public health and safety are at risk. Should investigative reporters who commit minor torts or even minor crimes be shielded from liability if they are pursuing an important story? Should the press be able to refuse to testify to protect sources? Or, as the Supreme Court has said more than once, does the Constitution offer no singular protections allowing the press to cross the lines of right and wrong with impunity? The Court has made clear the Constitution provides “[t]he publisher of a newspaper…no special immunity from the application of general laws. He has no special privilege to invade the rights and liberties of others.” If the Constitution provides no special protections for the press, should states statutorily provide protections? Or should the press be held to the same boundaries of right and wrong as every other citizen.

Panelists:

• Hannah Bloch-Wehba, Professor of Law, Texas A&M University School of Law
• Anthony Fargo, Associate Professor & Director of the Center for International Media Law and Policy Studies, Indiana University
• Jonathan Peters, Associate Professor of Journalism, University of Georgia School of Law & Head of the Department of Journalism, University of Georgia
• David Rohde, Senior Executive Editor for National Security, NBC News

12:00–1:00 p.m.: Lunch

1:00–2:15 p.m.: Privacy and the Press

Related Article: Expungement, Defamation, and False Light: Is What Happened Before What Really Happened or is There a Chance for a Second Act in America?

The Supreme Court has consistently held that once truthful information of public interest is disclosed, the Constitution forbids any governmental restraint on its distribution by prohibiting publication or imposing sanctions. While the common law and some statutes recognize protections for individuals’ privacy, these cases seem to limit any remedy for publication of legitimately obtained, truthful information. This is so even if it involves disclosing sensitive private information or undermines society’s commitment to rehabilitating individuals charged with criminal activity and protecting those who may have been arrested or charged but were vindicated. Is there a way to reconcile constitutional protections of freedom of speech and the press with our legitimate concerns for preserving individual’s privacy, encouraging rehabilitation of those who have served their time for crimes and for removing the stain of alleged criminal activity from the reputations of innocent individuals swept up in circumstances beyond their control?

Panelists:

• Clay Calvert, Professor of Law & Brechner Eminent Scholar Emeritus, University of Florida Levin College of Law
• Amy Gajda, Jeffrey D. Forchelli Professor of Law, Brooklyn Law School
• Brian Murray '08 CLAS, Professor of Law, Seton Hall University School of Law

2:15–3:30 p.m.: The Future of Journalism, Challenges and Opportunities

Seismic changes in technology, the legal landscape and economics, as well as rising mistrust of the mainstream press and concerns about disinformation and the impacts of AI, pose real challenges for the future of journalism as we know it. How should the press and the legal system respond? Is a robust fourth estate as we have understood it still essential to self-government and a healthy society? Do these changes provide opportunities as well as challenges? 

Panelists:

• David McCraw, Senior Vice President & Deputy General Counsel, The New York Times
• Victor Pickard, C. Edwin Baker Professor of Media Policy and Political Economy & Co-Director of the Media, Inequality & Change Center, University of Pennsylvania Annenberg School for Communication
• Paula Reid ’08, Chief Legal Affairs Correspondent, CNN