Genevieve Lakier

Genevieve Lakier

Professor of Law, Herbert and Marjorie Fried Teaching Scholar

Genevieve Lakier teaches and writes about freedom of speech and American constitutional law. Her work examines the changing meaning of freedom of speech in the United States, the role that legislatures play in safeguarding free speech values, and the fight over freedom of speech on the social media platforms.

Genevieve has an AB from Princeton University, a JD from New York University School of Law, and an MA and PhD in anthropology from the University of Chicago. Between 2006 and 2008, she was an Academy Scholar at the Weatherhead Center for International and Area Studies at Harvard University. After law school, she clerked for Judge Leonard B. Sand of the Southern District of New York and Judge Martha C. Daughtrey of the Sixth Circuit Court of Appeals. Before joining the faculty, Genevieve taught at the Law School as a Bigelow Fellow and Lecturer in Law.


The University of Chicago

PhD, Anthropology, 2014
MA, Anthropology, 2001

New York University School of Law

JD, cum laude, 2011

Princeton University

AB, Anthropology, 1997


The University of Chicago Law School

Professor of Law, July 2021-present
Assistant Professor of Law, July 2015-June 2021
Herbert & Marjorie Fried Teaching Scholar, 2019-2021
Bigelow Teaching Fellow and Lecturer in Law, 2013-2015

Knight Institute at Columbia

Senior Visiting Research Scholar 2021-2022

United States Court of Appeals for the Sixth Circuit

Clerk, The Hon. Martha Craig Daughtrey, 2012-2013

United States District Court for the Southern District of New York

Clerk, The Hon. Leonard B. Sand, 2011-2012

Journal Articles

  • "Comment," 51 Hofstra Law Review 679 (2023). www
  • "A Counter-History of First Amendment Neutrality," 131 Yale Law Journal Forum 873 (2022). www
  • "The Non-First Amendment Law of Speech," 134 Harvard Law Review 2299 (2021). ssrn www
  • "The First Amendment's Real Lochner Problem," 87 University of Chicago Law Review 1241 (2020). ssrn www
  • "Imagining an Antisubordinating First Amendment," 118 Columbia Law Review 2117 (2019). cu
  • "Not Such a Fixed Star After All: West Virginia State Board of Education v. Barnette, and the Changing Meaning of the First Amendment Right Not To Speak," 13 FIU Law Review 741 (2019).
  • "Apparent Fault," 131 Harvard Law Review 1525 (2018) (with Aziz Z. Huq). ssrn cu
  • "Reed v. Town of Gilbert, Arizona, and the Rise of the Anti-Classificatory First Amendment," 2016 Supreme Court Review 233 (2017). ssrn cu
  • "The Invention of Low-Value Speech," 128 Harvard Law Review 1 (2015). ssrn cu
  • "Sport as Speech," 16 University of Pennsylvania Journal of Constitutional Law 1109 (2014). cu
  • Comment, "From Page to Practice: Corporations as Progressive Actors," 36 New York University Review of Law and Social Change 145 (2012) (with Amalea Smirniotopoulos). cu
  • "'To Regulate,' Not 'To Prohibit': Limiting the Commerce Power," 2012 Supreme Court Review 255 (2012) (with Barry Friedman). cu
  • "Book Review (reviewing Ali Riaz & Subho Basu, Paradise Lost: State Failure in Nepal (2007))," 67 Journal of Asian Studies 1494 (2008). cu
  • "The Myth of the State is Real: Notes on the Study of the State in Nepal," 10 Studies in Nepali History & Society 135 (2005). cu

Book Sections

  • "The Limits of Antidiscrimination Law in the Digital Public Sphere," in Social Media, Freedom of Speech, and the Future of our Democracy, Lee C. Bollinger & Geoffrey R. Stone eds. (2022). www
  • "The Problem Isn’t the Use of Analogies but the Analogies Courts Use," in The Perilous Public Square: Structural Threats to Free Expression Today, David E. Pozen ed. (Columbia University Press, 2020). www
  • "After the Massacre: Secrecy, Disbelief, and the Public Sphere in Nepal," in Censorship in South Asia: Cultural Regulation From Sedition to Seduction, William Mazzarella & Raminder Kuar eds. (Indiana University Press, 2009). cu
  • "Illiberal Democracy and the Problem of Law: Street Protest and Democratization in Multiparty Nepal," in Contentious Politics and Democratization in Nepal, Mahendra Lawoti ed. (Sage Publications, 2007). cu

Other Publications

  • "The Hypocrisy Underlying the Campus-Speech Controversy," The Atlantic, December 2023 (with Evelyn Douek). www
  • "The Supreme Court Seems Poised to Decide an Imaginary Case," The Atlantic, April 2023 (with Evelyn Douek). www
  • "The Amendment the Court Forgot in Twitter v. Taamneh," Harvard Law Review Blog, March 1, 2023 (with Evelyn Douek). www
  • "What Are Networks, Platforms, and Utilities and What Should We Do with Them?," Yale Journal on Regulation: Notice & Comment, January 24, 2023 (with Joshua C. Macey). www
  • "Rereading "Editorial Discretion"," Knight First Amendment Institute at Columbia University Blog, October 24, 2022 (with Evelyn Douek). www
  • "Rereading Schenck v. United States," Knight First Amendment Institute at Columbia University Blog, July 7, 2022 (with Evelyn Douek). www
  • "Rereading Bluman v. Federal Election Commission," Knight First Amendment Institute at Columbia University Blog, June 23, 2022 (with Evelyn Douek). www
  • "First Amendment Politics Gets Weird: Public and Private Platform Reform and the Breakdown of the Laissez-Faire Free Speech Consensus," University of Chicago Law Review Online, June 6, 2022 (with Evelyn Douek). www
  • "Rereading Herbert v. Lando," Knight First Amendment Institute at Columbia University Blog, May 26, 2022 (with Evelyn Douek). www
  • "Rereading Alvarez," Knight First Amendment Institute at Columbia University Blog, May 18, 2022 (with Evelyn Douek). www
  • "Rereading the First Amendment," Knight First Amendment Institute at Columbia University Blog, May 18, 2022 (with Evelyn Douek). www
  • "Is the Legal Standard for Libel Outdated? Sarah Palin Could Help Answer.," The Washington Post, February 3, 2022. www
  • "Informal Government Coercion and The Problem of "Jawboning"," Lawfare, July 26, 2021. www
  • "After the “Great Deplatforming”: Reconsidering the Shape of the First Amendment," Law and Political Economy Project, March 1, 2021 (with Nelson Tebbe). www
  • "The Great Free-Speech Reversal," The Atlantic, January 2021.
  • "The Court, the Constitution, and the Deplatforming of Trump," Slate, January 2021 (with Sonja West). www
  • The Limits of Antimonopoly Law as a Solution to the Problems of the Platform Public Sphere, Knight First Amendment Institute at Columbia University. March 30, 2020 www
  • "The Problem Isn't the Use of Analogies but the Analogies Courts Use," Knight First Amendment Institute's Emerging Threats, March 1, 2018. www
  • "The Potential Silver Lining in Trump’s Travel Ban," Washington Post, July 5, 2017 (with Adam Chilton). www
  • Symposium on the Unraveling New Deal Settlement (co-organizer with Nelson Tebbe), Cornell Law School, June 2020
  • Public Law Workshop, UCLA Law School, March 2020
  • Illiberal Politics Symposium, University of Virginia School of Law, February 2020
  • Public Law Workshop, Harvard Law School, January 2020>
  • The Tech Giants, Monopoly Power and Public Discourse Symposium, Knight First Amendment Institute at Columbia University, November, 2019
  • Not Your Father’s First Amendment Conference (Keynote), Drexel University, November, 2019
  • A Reassessment of Holmes’s Great Dissent, Columbia University, November, 2019
  • Free Expression Scholars Conference, Yale University, April 2019
  • Works in Progress Workshop, Vanderbilt University, April 2019
  • Works in Progress Workshop, University of Southern California, March 2019
  • Incitement, Brooklyn Law Review Symposium, March 2019
  • Barnette at 75, Florida International University Law Review Symposium, October 2018
  • Public Law Workshop, University of Virginia Law School, September 2018
  • Free Expression Scholars Conference, Yale University, April 2019
  • Political Parties and the Constitution Conference, Stanford Law School, May 2018
  • A First Amendment for All? Free Expression in an Age of Inequality, Columbia University Law Review Symposium, March 2018
  • Free Expression Scholars Conference, Yale University, April 2018
  • Constitutional Conversations, Stanford Law School, March 2018
  • University of Pennsylvania Law School, Public Law Workshop, November 2017
  • Chicago-Kent School of Law, March, 2017
  • Brooklyn Law School Works in Progress, August, 2016
  • Law & Society Conference, New Orleans, June 2016>
  • University of Arizona, Free Speech For Assholes, March 2015
  • Loyola Constitutional Law Colloquium, November 2014
  • University of Chicago Law School Faculty Work-in-Progress, July 2014
  • University of Chicago Law School Research Colloquium, May 13, 2014
  • Chicago-Area Junior Faculty Workshop, February 5, 2014
  • University of Texas Law School Faculty Workshop, December 6, 2012
  • Informalization and Representation in South Asia, The Institute for Comparative Modernities, Cornell University, May 6-7, 2008
  • University of Wisconsin Annual Conference on South Asia, October 10-13, 2007
  • University of California, Berkeley 22nd Annual Conference on South Asia, February 16-17, 2007
  • Sociology and Anthropology Society of Nepal International Conference, Kathmandu December 11-13, 2006
  • American Anthropological Association Annual Meetings 2005, Washington DC, November 30-December 4, 2005
  • Annual Conference on South Asia, University of Wisconsin Madison, October 6-9, 2005
  • Workshop on transportation in South Asia, University of Washington at Seattle, May 27-28 2005
  • South Asia Workshop, University of Chicago, February 17, 2005
  • Ethnographies of the Political conference, Columbia University, November 14, 2004


  • Bigelow Fellowship, University of Chicago Law School (2013-2015)
  • Furman Academic Scholarship, NYU Law School (2008-2011)
  • Academy Fellowship, Weatherhead Center for International & Area Studies, Harvard University (2006-2008)
  • Josephine de Karman Write-up Fellowship (2005-2006)
  • Fulbright Hays DDRA Research Fellowship (2003-2004)
  • Fulbright IIE (declined, 2003-2004)
  • National Science Foundation Scholar (1999-2003)
  • University of Chicago Unendowed Fellowship (1998-1999)