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U.S. Supreme Court Justice Stephen G. Breyer
Commemorates Groundbreaking Media Access Article
At GW Law Conference
By Jamie L. Freedman
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Breyer addresses
attendees at the GW Law Review symposium
commemorating Professor Jerome A. Barron’s
landmark 1967 article “Access to the
Press—A New First Amendment Right.”
Abdul El-Tayef/WPPI.com
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GW Law School welcomed U.S. Supreme
Court Justice Stephen G. Breyer to campus on Oct.
11 to kick off a two-day symposium commemorating
the 40th anniversary of GW Law Professor Jerome
A. Barron’s seminal article on media access.
The Jacob Burns Moot Courtroom was packed for
the opening event of the conference, which brought
together scholars from across the nation to debate
leading issues related to the landmark article,
“Access to the Press—A New First Amendment
Right.”
“Jerry Barron honors us by letting us honor
him through this symposium,” GW Law School
Dean Frederick M. Lawrence said in his welcoming
remarks. “While questions relating to the
media have changed dramatically over the years,
Jerry Barron’s ideas have remarkable staying
power and continue to intrigue us 40 years after
he wrote his path-breaking article.”
Dean Lawrence (left) welcomed visitors to
the symposium at the opening of the event
with Justice Breyer (center). GW President
Steven Knapp (right) also attended the event.
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Robert Brauneis, associate professor of law,
introduced Breyer—whom he clerked for at
the U.S. Court of Appeals for the 1st Circuit.
Emphasizing that Breyer’s interpretation
of the law made him a “particularly appropriate”
keynote speaker for the event, he stated: “[Breyer]
looks for the deepest themes that underlie the
Constitution and how those themes guide us, not
only in constitutional interpretation but in statutory
interpretation and administrative law.”
Breyer and Barron also share “a very practical
view of the relationship between freedom and democracy,”
he stressed.
In his spirited remarks, Breyer lauded Barron
and his groundbreaking Harvard Law Review
article. “Both are worth celebrating,”
he stated. “I could not be more pleased
to be here at the beginning of what I’m
sure will be a very valuable conference.”
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Barron’s colleague and friend, GW
Law Professor C. Thomas Dienes, moderated
one of the event’s panels. Dienes
and Barron have written several books together,
including the Constitutional Law in a Nutshell
series.
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Professor Robert A.
Brauneis, who clerked for Justice Breyer at
the 1st U.S. Circuit Court of Appeals, introduced
Justice Breyer at the event.
Abdul El-Tayef/WPPI.com
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Breyer enthusiastically outlined why he admires
the 1967 article, citing its practical perspective
and the fact that it pushes readers to think about
democracy and how it best functions. “The
article focuses on the democratic process in action
and forces us to think about the kind of country
and democracy we want,” he said. “I
hope the subterranean message is that there is
room in the law school profession for the kinds
of articles that look at how law is working out
in the real world and discuss how things can be
done better.”
Breyer confessed that he likes the article for
“totally selfish” reasons, as well.
“It helps us decide cases,” he said,
noting that the article contains “germs
of ideas” that are of practical use in the
decision-making process. He said that he is pleased
the symposium is inspiring people to read the
article again.
Throughout his remarks, the former Harvard Law
professor exhibited his quick wit and relaxed
style of lecturing—eliciting spontaneous
eruptions of laughter and applause. Breyer’s
remarks set the stage for four panel discussions
on media access, moderated by GW Law faculty members
and hosted by GW’s Law Review. Topics included
Access and the Regulatory State, Access and First
Amendment Theory, Intellectual Property and Access
for Ideas, and Rights of Reply in Comparative
Law.
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