Who does the law hear and who does it not?

Exploring law, tactics and norms that silence essential voices.

This multidisciplinary conference, hosted by UVA’s Sound Justice Lab, will bring together lawyers, students, musicians, activists, journalists, artists, and academics to explore the law’s technologies and tactics that try to silence stories, individuals, and groups.

Non-disclosure agreements, defamation lawsuits, and evidentiary requirements, for instance, prevent survivors of sexual assault from speaking out against perpetrators.

Norms of civility and etiquette may disproportionately discipline gendered and racialized others on the witness stand or in the public gallery, while trial transcripts and official records often fail to accurately hear and represent non-normative voices.

The Sound Justice Lab is grateful to UVA Arts & the Vice Provost for the Arts, The Department Women & Gender Studies, The Department of Music, The Institute of the Humanities & Global Cultures, and the Department of Anthropology for supporting Technologies of Silence! 

Technologies of Silence Schedule

Two days of talks, workshops, and performances will examine existing legal and extra-legal tactics, prohibitions, and norms around the world, and imagine and work towards ways in which the law can listen better.

Resisting Reproductive Regulation I:  The Road to Dobbs v. Jackson Women’s Health Organization

 Dobbs v. Jackson Women’s Health Organization removed the constitutional protection for abortion secured by Roe v. Wade and returned to state legislators the power to regulate – and, if they choose, to ban completely – access to abortion care.  The speakers on this panel will discuss the constitutional methodology deployed by the Court in Dobbs, its historical antecedents and its competitors, the work that was done by the lower courts in the run-up to Dobbs, and the legal work that remains.  They will also explore the decision’s impact on reproductive health care today. Conversants include Naomi Cahn (UVA Law), Geri Greenspan (ACLU of Virginia), Deitra Jones (former law clerk to Judge Carlton Reeves), and Farah Peterson (Chicago Law).

Amplifying Transgender Identity:  The Art and Advocacy of Resilience

Queer folks have for centuries challenged cultural and legal mandates that seek to define and enforce sex, gender, and sexual orientation as immutable characteristics.  Their acts of resistance are a crucial force in the contemporary movement to honor and protect transgender people from lawmakers who seek to eradicate their access to essential healthcare and other necessary support.  The speakers on this panel will discuss the art, advocacy, and activism of resisting formal and informal anti-transgender initiatives at local, national, and international levels.  Conversants include Corinne Field (UVA Women, Gender, and Sexuality), Robyn Gigl (Author, Attorney, and Activist), Emily Gorcenski (Data Scientist, Author, and Activist), and Wyatt Rolla (ACLU of Virginia).

Banned Books, Tabooed Art, Unspeakable Subjects

 Our culture has a long history of banning books, restricting artistic expression, and otherwise trying to regulate what humans see, read, say, and hear. These prohibitions encompass legal restrictions and social taboos.  They are alive and well today with legal bans proliferating across the nation and increased pressure on institutions to regulate speech and content.  Many of the recent bans claim to respond to a perceived need to protect youngsters from exposure to unseemly materials, while others aim to rein in the reading and viewing habits of adults as well as children.  The speakers on this panel will explore the history of these taboos, their ostensible purpose and effect, and will offer speculations about their social and political functions, as well as their lawfulness.  Conversants include Andrea Dennis (UGA Law), Breanna Diaz (ACLU of Virginia), Mame-Fatou Niang (Carnegie Mellon Languages, Cultures, and Applied Linguistics), Paul Halliday (UVA History), and Amy Woolard (ACLU of Virginia).

Silence Speaking

This evening performance showcases art and artists who refuse silence. The space will reverberate with music, dance, drama and poetry. Performers will respond to challenges posed by the concurrent conference, Technologies of Silence, and show the ways that creative practice can respond loudly and softly to the failures of legal systems.   

Drag:  Performing Gender

Feminist and Queer thinkers have long been committed to the idea that gender is not a fixed biological category, with some authors arguing that we should understand gender to be a performance.  Whatever one makes of these arguments about what gender is, it seems fair to say that drag is a performance of gender in which actors have (some) power to play with, to expand, and even to contest the conventional gender scripts.  These days, it also seems fair to say that drag has achieved mainstream visibility and no little popularity.  In this artist’s conversation, Darius Rose will reflect on what they have learned from performing as Jackie Cox, a contestant on RuPaul’s Drag Race, and from their work in off-Broadway LGBTQ productions.

Resisting Reproductive Regulation II:  Deep Histories

In overruling the right to abortion access provided by Roe v. Wade, the Supreme Court in Dobbs v. Jackson Women’s Health Organization criticized Roe’s “faulty historical analysis” and asserted that it was “important to set the record straight.”  The Dobbs Court purported to do that by offering a crude sketch of the status of abortion from the “earliest days of the common law until 1973,” the year that Roe was decided, and it pronounced that there was no support in American law for a constitutional right to an abortion.  The speakers on this panel will help to demystify and complicate the history that Dobbs traverses. Beyond raising a litany of questions about the use of premodern legal sources in modern decisions, the Court ignored issues with which any competent historian would have to grapple, including manuscript transmission; culturally and historically specific notions of felony, personhood, and justice; and medieval medical contexts and practices.  Conversants include Sara Butler (Ohio State History), Katherine Churchill (UVA English), Deborah McGrady (UVA French), and Sayantan Saha Roy (University of Connecticut Anthropology). 

The Lawyer-Poet/The Poet-Lawyer

This panel is a conversation among three speakers who are lawyers as well as poets.  Andrea Dennis (UGA Law), Farah Peterson (Chicago Law), and Amy Woolard (ACLU of VA) will reflect on their work as lawyers and as poets, on the connection between the texts they create in these two fields, on how their work as lawyers influences their poetry, on how their poetry shapes their approaches to law.  

Scenes from Big Mouth/Testimony

Big Mouth is a feature-length documentary film in production, directed by Bremen Donovan, and co-produced with Nomi Dave. It tells the story of three women – a journalist, a lawyer, and an activist – investigating a series of sexual violence cases in the Republic of Guinea. These women and their allies embrace the term “Big Mouth” because they are provocateurs, willing to say the unsayable. In an increasingly repressive political landscape, the State distrusts them and the public is ambivalent. Survivors and their families turn to them, though, as they operate between the edge of speaking out and saying too much.

In this session, we will share scenes and original research from the film project, focusing on questions of testimony, audiovisual access, and vulnerable witnesses. Our examples stem from a high-profile criminal trial that has taken place in Guinea since 2022, in which survivors of violence have confronted an ex-president and his top commanders, sometimes before the cameras. How do audibility and visibility become sites of conflict between perpetrators, victim-witnesses, the courts, and the media? In a publicized trial, whose rights are pre-eminent? How, if at all, does film serve as a form of testimony for sexual justice?

Confirmed participants include:

Sara M. Butler, Department of History, Ohio State University

Naomi Cahn, University of Virginia School of Law

Katherine Churchill, PhD candidate, Department of English, University of Virginia

Anne Coughlin, Sound Justice Lab Co-Director, University of Virginia School of Law

Nomi Dave, Sound Justice Lab Co-Director, Department of Music, University of Virginia

Andrea Dennis, University of Georgia School of Law

Breanna Diaz, Policy and Legislative Counsel, ACLU Virginia

Bremen Donovan, Filmmaker, Sound Justice Lab Postdoctoral Research Associate

Corinne Field, Department of Women, Gender & Sexuality, University of Virginia

Robyn Gigl, Author, Attorney & Advocate

Emily Gorcenski, Technologist, Activist, and Writer

Bonnie Gordon, Sound Justice Lab Co-Director, Department of Music, University of Virginia

Geri Greenspan, Senior Staff Attorney, ACLU Virginia

Paul Halliday, Department of History, University of Virginia

Deitra S. Jones, Associate Counsel, Spring Health, former law clerk to Judge Carlton Reeves, author of the Dobbs district court decision

Deborah McGrady, Department of French, University of Virginia

Mame-Fatou Niang, Department of Languages, Cultures & Applied Linguistics, Carnegie Mellon University

Farah Peterson, University of Chicago Law

Mac and Angelique Phipps, New Orleans Rapper & Songwriter

Wyatt Rolla, Senior Trans Rights Attorney, ACLU Virginia

Darius Rose, Actor & Entertainer, performs in drag as Jackie Cox

Sayantan Saha Roy, Department of Anthropology, University of Connecticut

Samhita Sunya, Department of Middle Eastern & South Asian Languages & Cultures, University of Virginia

Greg Whitmore, University of Virginia School of Law

Amy Woolard, Attorney, Chief Program Officer of ACLU-VA, and Poet