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First Amendment News 266: Summer scholarship issue: 25 new or forthcoming articles on free expression

Gerbrand van den Eeckhout painting scholar

"Scholar with his Books" by Gerbrand van den Eeckhout

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, "," Utah Law Review (2020)
  • Ashutosh Bhagwat, "," Alabama Law Review (2020)
  • Luke A. Boso, "," SSRN (2020)
  • Andy Carr, "," Hastings Women's Law Journal (2020)
  • William M. Carter, Jr., "," SSRN (2020)
  • Michael Conklin, "," St. Mary's Law Journal (forthcoming 2020)
  • Michael Conklin, "," SSRN (2020)
  • Clyde Crews, Jr., "," SSRN (2020)
  • Charlotte Garden, "," Indiana Law Journal (2020)
  • James L. Gibson & Joseph L. Sutherland, "," SSRN (2020)
  • Jeff Gordon, "," Alabama Law Review (2020)
  • Kate Klonick, "," Yale Law Journal (2020)
  • Raymond Shih Ray Ku, "," Indiana Law Review (forthcoming 2020)
  • Jessica Miles, "," University of Miami Law Review (2020)
  • Helen Norton, "" University of Chicago Legal Forum (forthcoming 2020)
  • Toni M. Massaro & Helen L. Norton, "," U.C. Davis Law Review (forthcoming 2021) (with Toni M. Massaro)
  • Jason Pielemeier, "" Utah Law Review (2020)
  • Justin D. Rattey, "," SSRN (2020)
  • Lori A. Ringhand, "" Ohio State Law Journal (2020)
  • Bryrin Romney, "," Vermont Law Review (forthcoming 2020)
  • Robert Size, "," Santa Clara Law Review (2020)
  • Tomer Stein, "," Texas Intellectual Property Law Journal (forthcoming 2020)
  • Mark Tushnet, "," Alabama Law Review (2020)
  • Hilary Young, "," in Economic Torts & Wrongs (2021)
  • Michael Weingartner, "," University of Pennsylvania Law Review (forthcoming 2020)

Call for nominations: Tony Mauro Media Lawyer Award

From :

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. .

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


Eric Cervone over at 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 , 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

  • (Telephone Consumer Protection Act robocall case)
  •   (TBD) (standing/judicial elections)
  • (TBD) (religious expression: free exercise & free speech claims)

Pending petitions

First Amendment-related 

  •  (nominal damages and mootness in campus speech context) (cert. granted)
  •  (re Section 202(h) of the Telecommunications Act of 1996) (petition pending)
  •  (re FCC cross-ownership restrictions) (petition pending)

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