Precedential United States Court of Appeals for The
PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 05-2497 UNITED STATES OF AMERICA v. ROBERT J. STEVENS, Appellant On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. Civil No. 04-cr-00051) District Judge: Hon. Alan N. Bloch Argued October 25, 2006 Argued En Banc November 13, 2007 BEFORE: SCIRICA, Chief Judge, SLOVITER, McKEE, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN and COWEN, Circuit Judges (Filed July 18, 2008) Karen S. Gerlach, Esq. (Argued) Office of the Federal Public Defender 1001 Liberty Avenue 1450 Liberty Center Pittsburgh, PA 15222 Counsel for Appellant Robert L. Eberhardt, Esq. (Argued) Laura S. Irwin, Esq. Office of the United States Attorney 700 Grant Street Suite 400 Pittsburgh, PA 15219 Counsel for Appellee OPINION SMITH, Circuit Judge. The Supreme Court has not recognized a new category of speech that is unprotected by the First Amendment in over 2 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’ 1The Supreme Court reaffirmed, in its recent decision in United States v. Williams, that “[o]ffers to engage in illegal transactions are categorically excluded from First Amendment protection.” United States v. Williams, __ U.S. __ (2008), 2008 WL 2078503 at *8 (citing Pittsburgh Press Co. v. Pittsburgh Comm’n on Human Relations, 413 U.S. 376, 388 (1973); Giboney v. Empire Storage & Ice Co., 336 U.S.
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