FAN 196 (First Amendment News) Special Issue: 20 New or Forthcoming Books


        Marvin Kalb (Sept. 25,  2018)         Lukianoff & Haidt (Sept. 4, 2018)          Cynthia Chris (Jan. 2019)


Banned Books Week 2018, the annual celebration of the freedom to read, will be held September 23 – 29. The 2018 theme, “Banning Books Silences Stories,” is a reminder that everyone needs to speak out against the tide of censorship.

For more information, click here












Eric Robinson(Dec. 12, 2018)              Larry Brimner (Oct. 9, 2018)               Dan Bernstein (Jan. 1, 2019)












Christian Cotton & Eric Arp, eds. (Nov. 13)  Kristie Byrum (Aug. 15, 2018)  Mike Ananny (May 4, 2018)


Bollinger & Stone, eds. (Dec. 3, 2018)

Additional Titles 

  1. Robert N. Spicer, Free Speech and False Speech: Political Deception and Its Legal Limits (March 20, 2018)
  2. P.G. Ingram, Censorship and Free Speech: Some Philosophical Bearings (Sept. 30, 2018)
  3. Arthur D. Hellman, William D. Araiza & Thomas E. Baker, First Amendment Law: Freedom of Expression & Freedom of Religion (May 31, 2018)
  4. Michael Donnelly, Freedom of Speech and the Function of Rhetoric in the United States (May 15, 2018)
  5. Michael LaMonica, First Amendment For Beginners (May 8, 2018)
  6. Elizabeth Childs, Suspended License: Censorship and the Visual Arts (July 11, 2018)
  7. Micky Huff, Andy Lee Roth & Khalil Bwendib, eds, Censored 2019: The Top Censored Stories and Media Analysis of 2017-2018 (Oct. 2, 2018)
  8. Ahfaz ur Rehman, Freedom of the Press: The War on Words (July 10, 2018)
  9. Giorgio Caravale, Censorship and Heresy in Revolutionary England and Counter-Reformation Rome: Story of a Dangerous Book (June 28, 2018)
  10. David van Mill, Free Speech and the State: An Unprincipled Approach (Feb. 27, 2019)


Last Term: 2017-2018 Term — First Amendment Free Expression Cases

Five Cases Decided with Opinions* 

  1. National Institute of Family and Life Advocates v. Becerra
  2. Lozman v. City of Riviera Beach, Florida
  3. Minnesota Voters Alliance
  4. Janus v. American Federation of State, Municipal and County Employees
  5. National Institute of Family and Life Advocates v. Becerra

*Masterpiece Cakeshop v. Colorado Civil Rights Commission(First Amendment Free Exercise holding)

*   Benisek v. Lamone (Because the balance of equities and the public interest tilt against the preliminary injunction motion of plaintiffs claiming that a Maryland congressional district was gerrymandered to retaliate against them for their political views, the district court did not abuse its discretion in denying the motion.)

Harris v. Cooper (affirmed, without any written comment)

Vacated & Remanded 

  1.  A Woman’s Friend Pregnancy Resource Clinic v. Becerra (vacated and case remanded for further consideration in light of National Institute of Family and Life Advocates v. Becerra)
  2. Livingwell Medical Clinic, Inc. v. Becerra (vacated and case remanded for further consideration in light of National Institute of Family and Life Advocates v. Becerra)

Cert. Granted & Cases Argued 

  1. Masterpiece Cakeshop v. Colorado Civil Rights Commission (argument: Dec. 5, 2017)
  2. Janus v. American Federation of State, Municipal and County Employees(argument: Feb. 26, 2018)
  3. Lozman v. City of Riviera Beach, Florida (argument: Feb. 27, 2018)
  4. Minnesota Voters Alliance v. Mansky (argument: Feb. 28, 2018)
  5. National Institute of Family and Life Advocates v. Becerra (argument: March 20, 2018)
  6. Benisek v. Lamone (argument: March 27, 2018)

Pending: Cert. Petitions 

  1. Nieves v. Bartlett
  2. Flanigan’s Enterprises, Inc. v. City of Sandy Springs
  3. Nationwide Biweekly Administration, Inc., et al v. Perez
  4. CTIA v. City of Berkeley 
  5. Berninger v. Federal Communications Commission

Review Denied

  1. Contest Promotions, LLC., v. City & County of San Francisco
  2. Holmes v. Federal Election Commission
  3. Walker v. N.Y.C. Dep’t of Educ. et al.
  4. Shepard v. Florida Judicial Qualifications Commission 
  5. Morris v. Texas(dismissed for want of jurisdiction)
  6. Connecticut v. Baccala
  7. Tobinick v. Novella
  8. Muccio v. Minnesota
  9. Elonis v. United States
  10. Final Exit Network, Inc. v. Minnesota

Free-Speech Related Case: Decided 

  • Carpenter v. United States (Whether the warrantless seizure and search of historical cell phone records revealing the location and movements of a cellphone user over the course of 127 days are permitted by the Fourth Amendment. — Fourth Amendment claim sustained).

Free-Speech Related Cases: Cert. Denied

  • Blagojevich v. United States (When the Government prosecutes a public official for soliciting campaign contributions in alleged violation of the Hobbs Act or other federal anti-corruption laws, must the Government prove the defendant made an “explicit promise or undertaking” in exchange for the contribution, McCormick v. United States(1991) (emphasis added), as five circuits require, or “only . . . that a public official has obtained a payment . . . knowing that [it] was made in return for official acts,” Evans v. United States (1992), as three other circuits hold?)
  • MasTec Advanced Technologies v. National Labor Relations Board ((1) Whether, under NLRB v. Local Union No. 1229, International Brotherhood of Electrical Workers (Jefferson Standard), an employer may discharge an employee for his or her disloyalty when that employee makes disparaging and disloyal public statements about the employer’s only customer; and (2) whether, in such cases, the employee’s disloyalty is measured under an objective or subjective standard.)

NOTE: I’ve posted this on behalf of Ron Collins due to a technical issue with our website.

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