
Symposium Draws First Amendment Scholars
"Aggressive Newsgathering and The First Amendment,"
a symposium sponsored by The George E. Allen Chair in Law, was
held in the Moot Court Room on Friday, March 19th. Chaired by
Rodney A. Smolla, University of Richmond School of Law professor
and widely recognized Constitutional Law scholar, the presentation
offered an intimate look at the workings John Cunningham, Michele
Smolla, Lee Levine, John Douglass, Thomas Spahn, Tim Schulte of
a civil action, pitting a celebrity's right to privacy against
the media's right to know.

John Cunningham, Michele Smolla, Lee
Levine, John Douglass, Thomas Spahn, Tim Schulte
The fictional though realistic case was acted
out, explained, and judged by a roster of luminaries including
U.S.C. Professor and preeminent constitutional scholar Erwin Chemerinsky,
whose captivating argument to the "Supreme Court" was
a study in oral advocacy, and Richard Masur, actor and President
of the Screen Actors Guild, who has been instrumental in drafting
current California legislation relating to celebrity and the press.
Participants in the evening's event formed a veritable who's who
of legal scholarship and inspiration. Playing various roles were:
- Retired Federal Judge Robert R. Merhige, Jr., who is
revered
for his wit and style and always a pleasure to observe. Judge
Merhige, a University of Richmond School of Law alumnus, adjudicated
many important and controversial cases during his years on the
bench, including numerous desegregation cases, the civil suit
arising out of the deaths and injuries in the Ku Klux Klan and
Communist Worker's Party incident in Greensboro, N.C., and the
A. H. Robins Company bankruptcy and Dalkon Shield Claimants Trust
creation and administration.
- Locally prominent attorney David Baugh, who began his career
working for the United States Attorneys Office.
- Robert Nagel, currently a visiting professor of Constitutional
Law at Duke University School of Law.
Robert O'Neil, former University of Virginia president and founding
director of the Thomas Jefferson Center for the Protection of
Free Expression.
- Lee Levine, leading expert in media law, and past chair of
the American Bar Association's Forum on Communications Law.
- Paul K McMasters, former USA TODAY associate editorial director
and leading expert on First Amendment and press issues.
- Michelle Smolla, whose professional practice in Social Work
has included investigation, counseling and psychotherapy for
adults and children in cases involving child abuse and substance
abuse.
- Thomas E. Spahn, commercial litigator and standard speaker
for the Virginia Law Foundation's statewide continuing education
program on defamation law.
- Circuit Court Judge Margaret P. Spencer, who presides over
criminal cases in the Richmond area.
- Diane Leenheer Zimmerman, former journalist for Newsweek
and the New York Daily News, and current Professor of Law at
New York University School of Law.
University of Richmond School of Law professors:
- Azizah al-Hibri, who teaches in the areas of securities regulation,
corporations, corporate finance and Islamic jurisprudence.
- John Douglass, former Chief of the Criminal Division of the
United States Attorneys Office in Richmond, and staff member
of Independent Counsel Lawrence Walsh in the Iran-contra investigation,
he teaches Criminal Law and Criminal Procedure.
Rounding out the cast:
- University of Richmond School of Law alumnus Tim Schulte,
attorney for a civil rights law firm and currently involved in
several First Amendment cases.
- Current University of Richmond School of Law students extraordinaire:
John Cunningham, Julie McConnell, and Keisha Marnae Dillard.
- And our own Dean John R. Pagan, who received his J.D. from
Harvard University and a Master of Letters in Modern History
and a Ph.D. in Modern History from Oxford University, and who
taught law at The University of Arkansas, the College of William
& Mary, and New York University before becoming our dean.
Professor Smolla acted as moderator and facilitator, allowing
the audience to observe as the issues played out between the parties
and their lawyers, and in the court rooms as the case moved forward
to a final vote by the audience-jurors. The evening was a resounding
success and a memorable experience.
John Cunningham, Michele Smolla,
Lee Levine, Rodney Smolla, John Douglass, Thomas Spahn

Azizah al-Hibri, Richard Masur, Dean John R. Pagan
Report and photos by staff writer Robin Farkas;
biographical information source: program from the University of
Richmond School of Law "Aggressive Newsgathering and The
First Amendment," March 19, 1999.