FAN 97.1 (First Amendment News) — Justice Scalia Dies — Free-Speech Legacy

Justice Scalia (1936-2016)

Justice Scalia (1936-2016)

Updated: 2/14/16: 6:50 a.m.

Justice Antonin Scalia died in Texas yesterday. Those of us who follow the Court are shaken by the news and extend our condolences to the Justice’s family. Chief Justice John Roberts described Justice Scalia as “an extraordinary individual and jurist, admired and treasured by his colleagues.”

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During the Term of the Roberts Court, Justice Scalia wrote five majority opinions in First Amendment free-expression cases. Those opinions and the vote in them are set out below:

  1. Davenport v. Washington Educ. Association (2007) (9-0)
  2. United States v. Williams (2008) (7-2)
  3. New York State Bd. of Elections v. Lopez Torres (2008) (9-0)
  4. Brown v. Entertainment Merchants Association (2011) (7-2)
  5. Nevada Commission on Ethics v. Carrigan (2011) (9-0)

During that same Court era, Justice Scalia wrote dissents in the following cases First Amendment free-expression cases:

  1. Washington State Grange v. Washington State Rep. Party (2008) (7-2)
  2. Borough of Duryea v. Guarneri (2011) (concurring & dissenting in part) (8-1)
  3. Agency for International Development v. Alliance for Open Society International, Inc (2013) (6-2)

During that same Court era, Justice Scalia wrote concurrences in the following cases First Amendment free-expression cases:

  1. McCullen v. Coakley (2014) (9-0)
  2. Doe v. Reed (2010) (8-1)
  3. Pleasant Grove City, UT, et al v. Summum (2009) (9-0)
  4. Citizens United v. Federal Election Commission (2010) (5-4)

During the Roberts Court era, Justice Scalia did not author any First Amendment free-expression majority opinions in cases where the vote 5-4.

Justice Scalia’s Pre-Roberts Court Era Opinions

Some of Justice Scalia’sFirst Amendment free-expression opinions in the pre-Roberts Court era include:

Majority Opinions

  1. Republican Party v. White (2002)
  2. Thomas v. Chicago Park Dist. (2002)
  3. Capitol Square Review & Advisory Bd. v. Pinette (1995)
  4. Lebron v. Nat’l R.R. Passenger Corp. (1995)
  5. R.A.V. v City of St. Paul (1992)
  6. Board of Trustees of State University of New York v. Fox (1989)

Separate Opinions

  1. City of Los Angeles v. Alameda Books, Inc. (2002) (concurring)
  2. Watchtower Bible & Tract Soc’y v. Stratton (2002) (concurring)
  3. Good News Club v. Milford Central School (2001) (concurring)
  4. Legal Service Corp. v. Velazquez (2001) (dissenting)
  5. United States v. Playboy Entertainment Group, Inc. (2000) (dissenting)
  6. City of Erie v. Pap’s A.M. (2000) (concurring)
  7. L.A. Police Dep’t. v. United Reporting Publ’g. Corp. (1999) (concurring)
  8. NEA v. Finley (1998) (concurring)
  9. Schenck v. Pro-Choice Network (1997) (concurring in part & dissenting in part)
  10. Bd. of County Comm’rs v. Umbehr (1996) (dissenting)
  11. 44 Liquormart, Inc. v. Rhode Island (1996) (concurring)
  12. Morse v. Republican Party of Virginia (1996) (dissenting)
  13. United States v. Aguilar (1995) (concurring & dissenting in part)
  14. McIntyre v. Ohio Elections Comm’n (1995) (dissenting)
  15. United States v. X Citement Video, Inc. (1994) (dissenting)
  16. Madsen v. Womens Health Center (1993) (concurring in the judgment in part & dissenting in part)
  17. Barnes v Glen Theatre, Inc (1991) (concurring)
  18. Austin v. Michigan Chamber of Commerce (1990) (dissenting)
  19. Rankin v. McPherson (1987) (dissenting)

 See also: Ollman v. Evans (D.C. Cir., 1984) (dissenting in part) and Community for Creative Non-Violence v. Watt (D.C. Cir. 1983) (dissenting).

 See also: FAN.7 — “Justice Scalia & the First Amendment” (March 19, 2014)

David Savage, “Scalia criticizes historic Supreme Court ruling on freedom of the press,” Los Angeles Times, April 18, 2014

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1 Response

  1. Rob Ohlendorf says:

    Ashcroft vs Free Speech Coalition from 2002 wasn’t important enough to mention, apparently. I believe he dissented in that one, though the court left open a very important question: can the government constitutionally burden a speaker to prove his speech is not unlawful?