FAN 266: Summer scholarship issue: 25 new or forthcoming articles on free expression

Though legal scholarship’s main justification for being valued is the value it adds to law professors’ status, scholarship nonetheless vies for attention in the academic community and sometimes in the professional world as well. What with the avalanche of data dumped onto the internet, it is difficult to first find, let alone read, the relevant information in one’s field of interest or practice.

To help readers with this Sisyphean task, this issue of First Amendment News is devoted to new and forthcoming free speech articles; though I have also posted two news items at the end and have also included a link to a new cert. petition in a First Amendment case (Stockman v. United States). Enjoy! 

• Derek Bambauer, “Information Hacking,” Utah Law Review (2020)
• Ashutosh Bhagwat, “Judge Johnson and the Kaleidoscopic First Amendment,” Alabama Law Review (2020)
• Luke A. Boso, “Anti-LGBT Free Speech and Group Subordination,” SSRN (2020)
• Andy Carr, “Anger, Gender, Race, and the Limits of Free Speech Protection,” Hastings Women’s Law Journal (2020)
• William M. Carter, Jr., “The Second Founding and the First Amendment,” SSRN (2020)
• Michael Conklin, “Disappearing Act: Are Free Speech Rights Decreasing?,” St. Mary’s Law Journal (forthcoming 2020)
• Michael Conklin, “An Uphill Battle for Free Speech Advocates: A Quantitative Analysis of the Effectiveness of Free Speech Rhetoric,” SSRN (2020)
• Clyde Crews, Jr., “The Case against Social Media Content Regulation: Reaffirming Congress’ Duty to Protect Online Bias, ‘Harmful Content,’ and Dissident Speech from the Administrative State,” SSRN (2020)
• Charlotte Garden, “Speech Inequality After Janus v. AFSCME,” Indiana Law Journal (2020)
• James L. Gibson & Joseph L. Sutherland, “Keeping Your Mouth Shut: Spiraling Self-Censorship in the United States,” SSRN (2020)
• Jeff Gordon, “Silence for Sale,” Alabama Law Review (2020)
• Kate Klonick, “The Facebook Oversight Board: Creating an Independent Institution to Adjudicate Online Free Expression,” Yale Law Journal (2020)
• Raymond Shih Ray Ku, “Antitrust Immunity, the First Amendment & Settlements: Defining the Boundaries of the Right to Petition,” Indiana Law Review (forthcoming 2020)
• Jessica Miles, “Straight Outta SCOTUS: Domestic Violence, True Threats, and Free Speech,” University of Miami Law Review (2020)
• Helen Norton, “Discrimination, The Speech That Enables It, And The First Amendment,” University of Chicago Legal Forum (forthcoming 2020)
• Toni M. Massaro & Helen L. Norton, “Free Speech and Democracy: A Primer for 21st-Century Reformers,” U.C. Davis Law Review (forthcoming 2021) (with Toni M. Massaro)
• Jason Pielemeier, “Disentangling Disinformation: What Makes Regulating Disinformation So Difficult?,” Utah Law Review (2020)
• Justin D. Rattey, “Associations and Hecklers,” SSRN (2020)
• Lori A. Ringhand, “First Amendment (Un)Exceptionalism: A Comparative Taxonomy of Campaign Finance Reform Proposals in the United States and the United Kingdom,” Ohio State Law Journal (2020)
• Bryrin Romney, “Screens, Teens, and Porn Scenes: Legislative approaches to protecting youth from exposure to pornography,” Vermont Law Review (forthcoming 2020)
• Robert Size, “Publishing Fake News For Profit Should Be Prosecuted As Wire Fraud,” Santa Clara Law Review (2020)
• Tomer Stein, “Copyright and Dissent,” Texas Intellectual Property Law Journal (forthcoming 2020)
• Mark Tushnet, “Spontaneous Demonstrations and the First Amendment,” Alabama Law Review (2020)
• Hilary Young, “Revisiting Injurious Falsehood,” in Economic Torts & Wrongs (2021)
• Michael Weingartner, “The Right to Petition as Allocation and Information,” University of Pennsylvania Law Review (forthcoming 2020)

Call for nominations: Tony Mauro Media Lawyer Award

From The American Lawyer:

To mark Tony Mauro’s retirement after nearly 40 years of covering the U.S. Supreme Court—half of them with ALM—ALM Media launched the Tony Mauro Award last year to honor lawyers who zealously advocate for freedom of the press.

The award will be given at the annual American Lawyer Industry Awards event in New York City. It will recognize lawyers who, during the past year and a half, have taken the lead in protecting press freedom—whether they are litigating for access to court or other government documents and institutions, or defending individual journalists and media organizations. They can be lawyers who protect journalists in all kinds of media, including online outlets, print and broadcast, and student journalists as well. Lawyers who are in private practice as well as nonprofits from around the country will be eligible.

We eagerly welcome nominations for potential winners of the award. Here are details:

•  The winner could be an individual or a team, and can be lawyers who protect journalists in all kinds of media, including online outlets, print and broadcast, and student journalists as well. Lawyers who are in private practice as well as nonprofits from around the country will be eligible.
• The award will recognize media advocacy that took place from September 2019 to the submission deadline of Sept. 30, 2020, rather than lifetime achievement.
• Nominees should submit a one-page description of their media advocacy action, its impact and what it meant to the client and to the broader goal of freedom of the press or open access. We will accept supporting documents, but don’t require them.
• The deadline for submissions is Sept. 30, 2020. Please click here to submit a nomination.

Honest Offense #18: ‘Professors Collins & Skover on Lenny Bruce & free speech’

Eric Cervone over at Honest Offense has this post about the video podcast:

Ron Collins and David Skover are two of America’s foremost legal scholars on free speech. Together, they are authors of The Trials of Lenny Bruce, in which they detail the legal troubles of Lenny Bruce–a standup comic and free-speech pioneer who paved the way for every comedian who came after him. Throughout his career, Lenny faced multiple obscenity charges–all based solely on words he said on stage. Lenny died a convict, but Ron and David worked tirelessly to clear his name; Lenny is now revered as the father of modern standup.

2020–2021 SCOTUS term: Free expression & related cases

Cert. granted

• Facebook, Inc. v. Duguid (Telephone Consumer Protection Act robocall case)
• Carney v. Adams  (TBD) (standing/judicial elections)
• Fulton v. City of Philadelphia (TBD) (religious expression: free exercise & free speech claims)

Pending petitions

• Stockman v. United States
• Lieu v. Federal Election Commission
• Hunt v. Board of Regents of the University of New Mexico
• Living Essentials, LLC v. Washington
• Evans v. Sandy City, Utah
• Bruni v. City of Pittsburgh
• Austin v. Illinois
• Mckesson v. Doe
• Reisman v. Associated Faculties of the University of Maine
• Institute for Free Speech v. Becerra
• Americans for Prosperity Foundation v. Becerra
• Thomas More Law Center v. Becerra 
• Arlene’s Flowers Inc. v. Washington

First Amendment-related 

• Uzuegbunam & Bradford v. Preczewski, et al (nominal damages and mootness in campus speech context) (cert. granted)
• National Association of Broadcasters v. Prometheus Radio Project (re Section 202(h) of the Telecommunications Act of 1996) (petition pending)
• Federal Communications Commission v. Prometheus Radio Project (re FCC cross-ownership restrictions) (petition pending)

Last scheduled FAN

• FAN 265: “The future of Buckley v. Valeo: Professors and senators line up in petition to Court in campaign contributions case“

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