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How the Supreme Court will harmonize [the conflicting campaign finance] cases with Citizens United remains unclear. Considerations about the amassing of wealth and the corporate structure seem to be handled differently depending on the context. It may be that contributions and concerns about quid pro quo corruption, or its appearance, allow in these considerations but independent expenditures, and the speech they entail, do not. This remains to be seen. 

—

The case is . The three issues raised in the case are:

1. Should Federal Election Commission v. Beaumont (2003) be overruled because it conflicts with more recent decisions of this Court and insufficiently protects freedom of speech and association?
2. Should contribution limits that impose different limits on different classes of donors receive strict scrutiny?
3. Does violate the First Amendment and the Equal Protection Clause by banning businesses, but not unions and non-profit organizations, from making political contributions?

→ The Massachusetts high court denied the constitutional challenges in  (Mass., 2018).

→ Counsel of Record for the Petitioner: , senior attorney at the . Mr. Huebert was one of the counsels listed in the Petitioner's  and  in  (2018).

→ (June 29, 2018)

→&�Բ�����;Common Cause in the Massachusetts Supreme Judicial Court

Noteworthy:  the Beaumont case in the Supreme Court on behalf of the government. 

Yesterday: Jameel Jaffer Argued Knight Institute v. Trump in Second Circuit 

• Story and video
•  Amicus briefs
  • (in support of neither party)
  • (in support of the government)

Forthcoming in HLR: Blocher Article 

• , Free Speech & Justified True Belief, Harvard Law Review (forthcoming, 2019)

Abstract: Law often prioritizes justified true beliefs. Evidence, even if probative and correct, must have a proper foundation. Expert witness testimony must be the product of reliable principles and methods. Prosecutors are not permitted to trick juries into convicting a defendant, even if that defendant is truly guilty. Judges’ reasons, and not just the correctness of their holdings, are the engines of precedent. Lawyers are, in short, familiar with the notion that one must be right for the right reasons.
 

And yet the standard epistemic theory of the First Amendment—that the marketplace of ideas is the “best test of truth”—has generally focused on truth alone, as if all true beliefs must be treated equally. This thin account leaves the epistemic theory vulnerable to withering criticism, especially in a “post-truth” era.

This Article suggests that the epistemic theory of the First Amendment might be reframed around a different value: not truth alone, but knowledge. Beginning with the tripartite definition of knowledge as justified true belief, philosophers from Plato until the present day have tried to account for what makes knowledge distinct and distinctly valuable. And in many ways law, too, already accounts for the existence and value of justifications, not just true beliefs. Identifying and exploring those threads of constitutional theory and doctrine can help provide a richer account of the cognitive First Amendment at a time when it is sorely needed. Doing so can also help resolve thorny doctrinal problems like those involving professional speech and institutional deference.

Over at Balkinization: Koppelman Weighs in on Yale Free Speech Flap

• Andrew Koppelman, , Balkinization (March 22, 2019)

Two Forthcoming Books: One on Textbook Controversy & Another on Censorship

• Charles W. Eagles, (UNC Press, Aug. 1, 2019)
• Harold L. Pohlman, (ABC-CLIO, May 31, 2019)

Forthcoming: Against Free Speech 

• Anthony Leaker,  (Rowman & Littlefield, Nov. 16, 2019)

Article by Prof. Webber Urges Return to Proportionality and Balancing

• , , in Fred Schauer & Adrienne Stone, eds., The Oxford Handbook of Freedom of Speech (forthcoming)

Forthcoming Scholarly Articles

• Claudia Haupt, , First Amendment Law Review (2019)
• Peter Ormerod, , Boston College Law Review (2019)

New & Notable Blog Posts

• David L. Hudson, , First Amendment Encyclopedia (March 21, 2019)
• Eugene Volokh, , The Volokh Conspiracy (March 20, 2019)
• Eugene Volokh, , The Volokh Conspiracy (March 20, 2019)

FIRE Statement on Campus Free Speech Executive Order

• Go here

Stetson Professor Discusses "Statement of Principles of Free Expression"

• Stetson University professor Chris Ferguson discusses ‘Statement of Principles of Free Expression’ (with Mary Zoeller and Professor Chris Ferguson), ��֭����, March 22, 2019

So to Speak Podcast on Defamation Lawsuits and Content Moderation

• Interview with Mike Masnick, founder & editor of Techdirt.com, So To Speak, March 21, 2019

Three "Free Speech on College Campuses" Videos from the National Constitution Center

• : National Constitution Center (March 22, 2019) "Samantha Harris of Foundation for Individual Rights in Education, Michele Rovinsky of Drexel University, and Nicki Neily of Speech First explore how students are affected by university speech policies. Mark Yudof, former president of the University of California and professor of law emeritus at UC Berkeley School of Law, moderates."
• : "Dean Ted Ruger of Penn Law, President Tom Sullivan of the University of Vermont, President Ken Gormley of Duquesne University, and President Julie Wollman of Widener University, examine how they balance free speech and inclusion interests on campus. Jeffrey Rosen, President and CEO of the National Constitution Center moderates."
• : "Professors Cary Nelson of the University of Illinois, Anita Bernstein of Brooklyn Law, and Amy Wax of Penn Law, discuss how they balance free speech and inclusion interests in the classroom, and the impact of academic freedom policies on professor speech. Sheldon Gilbert, Vice President for Content and Development & Senior Fellow for Constitutional Studies at the National Constitution Center, moderates."

Strosssen's Book on Hate Selected by Wash. U. for "Common Reading Program"

From , Washington University's independent student newspaper:

According to [Washington University's Vice Chancellor for Student Affairs Lori] White, the University selected "" by Nadine Strossen as the book for the 2019 Common Reading Program.

"We selected this book as the common reading to increase students’ understanding of the principles of free speech,” White said. “We will also have a new session during Bear Beginnings focused on providing students with some tools to engage in conversation and dialogue across differences."

Video: Penn State President on Protecting Free Speech

• (March 22, 2019)

News & Op-Eds

• Tyler Hammel, , The Daily Progress, March 23, 2019.
• Alex Darus, , Alt Press, March 23, 2019
• Nathaniel Sobel, , Lawfare, March 19, 2019

Flashback: March 27, 1961: ACLU Defends John Birch Society

• Today in Civil Liberties History

2018–2019 Term: Free Expression & Related Cases

Cert. Granted

Pending: Cert. Petitions

Cert. Denied

• (reply brief)
• (Thomas, J., concurring in denial of cert. with opinion)
• (net neutrality)

FOIA: Review Granted

Free Expression Related Cases: Review Granted

• (probable cause, first amendment, and retaliation)

Pending Free Expression Related Cases

• (standing and gerrymandering)
• (state action)
• (Art. III, standing)

Last Posted FAN

• 205.1: President Issues Executive Order on Campus Free Speech

Last Scheduled FAN

• 205: New Book: “The People v. Ferlinghetti: The Fight to Publish Allen Ginsberg’s HOWL"