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U.S. v. STEVENS

No. 05-2497.

533 F.3d 218 (2008)

UNITED STATES of America v. Robert J. STEVENS, Appellant.

United States Court of Appeals, Third Circuit.

Argued En Banc November 13, 2007.

Filed July 18, 2008.

Attorney(s) appearing for the Case

Karen S. Gerlach, Esq. (Argued), Office of the Federal Public Defender, Pittsburgh, PA, for Appellant.

Robert L. Eberhardt, Esq. (Argued), Laura S. Irwin, Esq., Office of the United States Attorney, Pittsburgh, PA, for Appellee.

BEFORE: SCIRICA, Chief Judge, SLOVITER, McKEE, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN and COWEN, Circuit Judges.

OPINION

SMITH, Circuit Judge.

The Supreme Court has not recognized a new category of speech that is unprotected by the First Amendment in over twenty-five years.1 Nonetheless, in this case the Government invites this Court to take just such a step in order to uphold the constitutionality of 18 U.S.C. § 48 and to affirm Robert Stevens' conviction.2 For the reasons that follow, we decline the Government...

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