First Amendment News 307: Summer list of 30 new or forthcoming books on free expression

The following books are new or forthcoming for 2021 and 2022. If you see a title you like, check on Amazon or the punisher’s website for up-to-date information on the book’s release. Our last book review was "Robert Lasnik on critiquing the press," in FAN 302.1 (June 28, 2021).

2020-2021 SCOTUS term: Free expression & related cases

Cases decided 

• Americans for Prosperity Foundation v. Rodriguez (Consolidated with Thomas More Law Center v. Becerra)
• Mahanoy Area School District v. B.L. (OA: April 28, 2021) (Re: K-12 punishment for online speech) (Held: 8-1, school district decision to suspend cheerleader for vulgar social media post violates the First Amendment)
• Fulton v. City of Philadelphia (OA: Nov. 4, 2020) (Religious expression: Free exercise & free speech claims) (decided on free exercise grounds)
• Mckesson v. Doe (Per curiam, 7-1 with Thomas, J., dissenting) (Judgment vacated and remanded to 5th Cir.)
• Facebook, Inc. v. Duguid (OA: Dec. 8, 2020) (Telephone Consumer Protection Act robocall case — decided on statutory grounds)

Cert. granted

• Institute for Free Speech v. Becerra (Judgment vacated and case is remanded to the Court of Appeals for the Ninth Circuit for consideration in light of Americans for Prosperity Foundation v. Bonta)
• Houston Community College System v. Wilson
• Trump v. Knight First Amendment Institute (Judgment is vacated, and the case is remanded to the Second Circuit to dismiss as moot)
• City of Austin, Texas v. Reagan National Advertising of Texas Inc.

Pending petitions

• Frasier v. Evans
• Federal Election Commission v. Ted Cruz for Senate
• Crowe v. Oregon State Bar
• Baisley v. International Association of Machinists and Aerospace Worker
• Louisiana v. Hill
• Project Veritas Action Fund v. Rollins
• American Civil Liberties Union v. U.S.
• Boardman v. Inslee
  

Cert. denied

• Berisha v. Lawson (Justice Thomas, dissenting from denial of cert. (Detached Opinion); Justice Gorsuch, dissenting from denial of cert. (Detached Opinion)
• Arlene’s Flowers Inc. v. Washington (See Josh Blackman, “After Seven Years of Litigation, Justices Kavanaugh and Barrett Let Arlene’s Flowers Wilt,” The Volokh Conspiracy (July 2, 2021))
• Campbell v. Pennsylvania School Boards Association, et al. (Institute for Free Speech amicus brief in support of Petitioners)
• Hamilton v. Speight
• Thompson v. Marietta Education Association
• Thompson v. DeWine
• Stockman v. United States
• Jack Daniel’s Properties Inc. v. VIP Products LLC
• Hurchalla v. Lake Point Phase
• Bruni v. City of Pittsburgh
• Hunt v. Board of Regents of the University of New Mexico
• Lieu v. Federal Election Commission
• City of Sacramento, California v. Mann
• Evans v. Sandy City, Utah
• Reisman v. Associated Faculties of the University of Maine
• Austin v. Illinois
• Living Essentials, LLC v. Washington

First Amendment-related 

• AbbVie Inc., et al. v. Federal Trade Commission (Re: Scope of Noerr-Pennington doctrine) (Cert. denied)
• Rentberry, Inc. v. City of Seattle (Cert. denied)
• Uzuegbunam & Bradford v. Preczewski, et al. (Nominal damages and mootness in campus speech context) (Cert. granted: 8-1 held Art. III claim not moot)
• National Association of Broadcasters v. Prometheus Radio Project (Re: Section 202(h) of the Telecommunications Act of 1996) (Cert. granted & case argued) (Held: 9-0: FCC decision to repeal or modify three of its media ownership rules was not arbitrary or capricious under the Administrative Procedure Act)
• Federal Communications Commission v. Prometheus Radio Project (Re: FCC cross-ownership restrictions) (Cert. granted & case argued — held the FCC’s decision to repeal or modify three of its media ownership rules was not arbitrary or capricious for purposes of the Administrative Procedure Act.)
• Retzlaff v. Van Dyke (State anti-SLAPP laws in federal diversity cases) (Cert. denied)

Last FAN

• FAN 306: "On appeal — Senator Cruz challenges BCRA’s loan-repayment limit”