2nd Circuit upholds anonymous speech, association for college students

The following quote may be attributed to Alliance Defending Freedom Senior Counsel Tyson Langhofer, director of the ADF Center for Academic Freedom, regarding a ruling by the U.S. Court of Appeals for the 2nd Circuit Friday in Do No Harm v. Pfizer. The court’s decision vacates its earlier decision and reverses a lower court order that would have forced Do No Harm—a national association of medical professionals, students, patients, and policymakers working to protect the health care system from harmful ideologies—to reveal its anonymous college student members to proceed with its lawsuit against Pfizer:

“College campuses are meant to be a marketplace of ideas, yet students all across the country have stopped voicing their views for fear of official retaliation and unofficial ostracism. Anonymity in speech and association protects students from the harassment, threats, and criticism that come from voicing opinions some find controversial. Anonymity has strong historical and precedential roots and allows the marketplace to flourish even in adverse circumstances. That’s why this reversal by the 2nd Circuit is so important; it upholds the ability to bring civil suits without fear of reprisal. Organizations like Young America’s Foundation, Manhattan Institute, and Southeastern Legal Foundation all rely on assuring their members and others that their privacy is of utmost importance, and the court’s decision upholds that bedrock First Amendment right.”

ADF attorneys representing Young America’s Foundation, Manhattan Institute, and Southeastern Legal Foundation filed a friend-of-the-court brief in March asking the full 2nd Circuit to review the decision that upheld the district court opinion.

The following quote may be attributed to Young America’s Foundation Associate General Counsel Madison Hahn:

“Conservative students face unique retaliation from leftist-controlled schools, so it is vital the courthouse doors remain open to them. YAF celebrates the 2nd Circuit’s decision to protect students’ right to seek judicial relief, which will ensure that students are able to hold schools accountable for constitutional violations.”

The following quote may be attributed to Manhattan Institute Director of Constitutional Studies Ilya Shapiro, author of the new book Lawless: The Miseducation of America’s Elites:

“It’s not every day that a court reverses itself after a losing party moves for reconsideration. I’m gratified that the 2nd Circuit realized its previous error and has now upheld protections for students seeking to challenge illiberal higher-education policies.”

The following quote may be attributed to Southeastern Legal Foundation Executive Director Kimberly Hermann:

“SLF is glad the court reversed their previous decision and will now hear Do No Harm’s lawsuit and allow plaintiffs to speak anonymously to challenge company discrimination on the basis of race. It has become all too common for people to be scared to attach their names to lawsuits in fear of retaliation. This fear of retribution should not deter someone from standing up to protect their rights.”

• Pronunciation guide: Langhofer (LANG’-hoff-ur)

The ADF Center for Academic Freedom is dedicated to protecting First Amendment and related freedoms for students and faculty so that everyone can freely participate in the marketplace of ideas without fear of government censorship.

# # #