Annual Reports

See our 2023 Annual Report to see a snapshot of what we accomplished in our sixth year.

See our 2022 Annual Report to see a snapshot of what we accomplished in our fifth year.

See our 2021 Annual Report to see a snapshot of what we accomplished in our fourth year.

See our 2020 Annual Report to see a snapshot of what we accomplished in our third year.

See our 2019 Annual Report to see a snapshot of what we accomplished in our second year.

See our 2018 Annual Report to see a snapshot of what we accomplished in our first year.

Latest Work

• 3/27/24 – Filed a merits brief in Grants Pass v. Johnson on behalf of the respondents, who are involuntarily homeless residents of Grants Pass, Oregon, and successfully challenged a set of city ordinances making it unlawful to sleep anywhere on public property with so much as a blanket to survive cold nights, even if shelter is unavailable.
• 2/20/24 – Filed a merits brief in National Rifle Association v. Vullo on behalf of the respondent, defending the right of government officials to enforce the law and to speak out about matters of public concern without fear that their statements will subject them to damages actions brought by entities that espouse controversial views.
• 12/28/23 – Filed a brief in opposition in Lewis County v Helphenstine on behalf of the respondent, whose husband died in pretrial detention after jail guards failed to seek appropriate medical care for him.
• 12/20/2023 – Filed a brief in Luna Vanegas v. Signet in the Seventh Circuit defending the district court’s exercise of personal jurisdiction over Signet for claims by other similarly situated employees.
• 12/18/23 – Filed an amicus brief in Gonzalez v. Trevino, urging the Supreme Court to reverse a Fifth Circuit decision dismissing, on qualified immunity grounds, a First Amendment retaliation claim by a city councilwoman who was arrested after she criticized the city manager.
• 12/6/23 – Entered a settlement in Penebaker v. Hitt with the ten defendants who met at the Wisconsin State Capitol on December 14, 2020, and falsely signed papers certifying that they were Wisconsin’s presidential electors, and filed a stipulation of dismissal, which the court entered by order dated 12/7/23. Under the settlement, the ten individuals acknowledged that their false electoral votes were used to as part of an effort to overturn the results of the 2020 election and disrupt the peaceful transfer of presidential powers; affirmed that President Biden won the 2020 presidential election; and agreed not to serve as electors in the next election or to sign a certification in any future election in which they are not duly certified electors under Wisconsin state law.  Further details are available in the press release issued by ICAP and our partner Law Forward.  As part of the settlement, we are authorized to publish over 500 pages of discovery materials. The case continues as to two remaining defendants.
• 11/29/23 – Filed an amicus brief in the Southern District of New York on behalf of 107 West Point graduates in their personal capacities in defense of race-based admissions, explaining why diversity makes the U.S. Army more effective and saves American troops’ lives.
• 11/21/23 – Filed a reply brief in the Ninth Circuit in Wolford v. Lopez, where we are partnering with the State of Hawai’i to defend a gun-safety law that the State recently enacted.
• 11/9/23 – Filed an opposition to Defendants’ second renewed motion for summary judgment in the District of New Mexico in Torres v. Madrid.
• 11/6/23 – Filed an opening brief in the Fourth Circuit Court of Appeals in NAACP v. Wilson, our First Amendment challenge to a South Carolina law that prevents the South Carolina NAACP from giving limited, accurate legal advice to tenants facing eviction
• 10/25/23 – Filed an amicus brief in the D.C. Circuit on behalf of the U.S. Conference of Mayors in support of a D.C. law banning large-capacity magazines.
• 10/23/23 – Filed a brief in opposition to defendants’ motion to dismiss in Rohrer v. City of Gastonia.
• 10/5/23 – Filed an opening brief in the Ninth Circuit in Wolford v. Lopez, where we are partnering with the State of Hawai’i to defend a gun-safety law that the State recently enacted.
• 7/17/23 – Filed an answering brief in Kim v. Board of Education of Howard County
• 7/14/23 – Filed a memorandum in opposition to plaintiffs’ motion for a temporary restraining order in Wolford v. Lopez.
• 7/3/23 – Filed a judicial misconduct complaint in Rohrer v. City of Gastonia against the Magistrate who presided over Mr. Rohrer’s initial appearance and then publicly commented about his case while it was pending
• 6/30/23 – Filed a complaint in Rohrer v. City of Gastonia in federal court seeking declaratory and compensatory relief against the City and several of its officers
• 6/21/23 – Filed a brief in our lawsuit in Wisconsin state court opposing defendants’ motion to strike certain sections from our complaint that provide important context for their actions
• 6/21/23 – Filed a brief in our lawsuit in Wisconsin state court opposing defendants’ motion to dismiss
• 6/14/23 – Filed a brief in opposition in Signet Builders v. Luna Vanegas on behalf of the respondent, a migrant construction worker, challenging the petitioner’s failure to comply with the Fair Labor Standards Act’s overtime compensation requirements.
• 5/22/23 – Submitted a letter to the judge presiding over Stewart Rhodes’s sentencing for seditious conspiracy based on his role in the attack on the U.S. Capitol on January 6, 2021, rebutting arguments made in Rhodes’s sentencing memo that the judge should look favorably on his leadership of the Oath Keepers as a civic organization with a history of community involvement and volunteerism.
• 5/19/23 – Published guidance designed to help local organizers in the LGBTQ+ community address potential threats by unlawful private paramilitary groups during Pride Month, which aims to inform local organizers about the legal options they have to counter these threats and ensure the safety of event attendees.
• 5/17/23 – Filed a consolidated brief responding to defendant’s motion to dismiss and replying in support of a motion for a preliminary injunction in our lawsuit on behalf of the South Carolina State Conference of the NAACP and three of its members to challenge overbroad restrictions on the unauthorized practice of law that prevent them from providing free, accurate guidance to tenants facing eviction
• 5/12/23 – Filed a brief urging the Supreme Court to reverse a Fifth Circuit decision dismissing, on qualified immunity grounds, a First Amendment retaliation claim by a city councilwoman who was arrested after she criticized the city manager.
• 5/10/23 – Filed an amicus brief in the Seventh Circuit on behalf of the U.S. Conference of Mayors in support of a Naperville, Illinois ordinance and Illinois state law banning assault-style weapons and high-capacity magazines
• 5/1/23 – Filed an opening brief in the Fourth Circuit Court of Appeals in our lawsuit challenging the pretrial detention system in Prince George’s County, Maryland that allows the jail to decide who is incarcerated prior to trial
• 3/29/23 – Sent a letter to officials in Geauga County, Ohio, ahead of scheduled drag events subject to potential disruption by private paramilitary actors, offering assistance in protecting peaceful protest and free expression while avoiding violence.
• 3/24/23 – Filed an amended complaint in our lawsuit in Wisconsin state court against the fraudulent electors and their co-conspirators who sought to have their votes for Trump and Pence counted on January 6 instead of the votes of the legitimate presidential electors whose ballots represented the will of the Wisconsin voters
• 3/21/23 – Filed a motion for a preliminary injunction in our lawsuit on behalf of the South Carolina State Conference of the NAACP and three of its members to challenge overbroad restrictions on the unauthorized practice of law that prevent them from providing free, accurate guidance to tenants facing eviction
• 3/21/23 – Filed a complaint in our lawsuit on behalf of the South Carolina State Conference of the NAACP and three of its members to challenge overbroad restrictions on the unauthorized practice of law that prevent them from providing free, accurate guidance to tenants facing eviction
• 3/15/23 – Sent a letter to the Mississippi Supreme Court’s Rules Committee on Criminal Practice and Procedure on behalf of former federal prosecutors urging adoption of a rule change that would provide defense counsel to indigent defendants in the period between initial appearance and indictment
• 2/22/23 – Filed a brief in opposition in Huffman v. Harris on behalf of the respondent, the guardian of a man with severe mental illness who was unlawfully imprisoned for six years after he was determined incompetent to stand trial, opposing review of the Fifth Circuit’s determination that his jailers violated his clearly established due process rights.
• 2/6/23 – ICAP Executive Director Mary McCord testified before the Oregon State Legislature’s House Committee on the Judiciary in support of a bill making it easier to address armed paramilitary activity that interferes with government functions, usurps law enforcement roles, and infringes constitutional rights.
• 1/27/23 – Sent a letter to Idaho state legislators, in response to a proposed bill to repeal an Idaho law that prohibits unauthorized paramilitary organizations, advising that the existing law is consistent with the U.S. Constitution, the Idaho Constitution, and Idaho’s statutory regulation of the state militia and robust regulation of paramilitary and law enforcement activity
• 1/26/23 – Filed an amicus brief on behalf of the U.S. Conference of Mayors in support of a Highland Park, Illinois ordinance banning assault-style weapons and high-capacity magazines
• 1/23/23 – Filed an answering brief in the Eighth Circuit on behalf of a woman in a Fourth Amendment lawsuit against a Minneapolis police officer who killed her son
• 1/20/23 – Sent a letter to Maryland legislators urging them to support legislation to expand public access to proceedings in state court
• 1/10/23 – Filed a brief on behalf of a class of homeless residents opposing rehearing of a Ninth Circuit decision enjoining, on Eighth Amendment grounds, enforcement of a set of city ordinances that made it unlawful to rest anywhere at any time on public property
• 1/4/23 – Submitted a comment to the Maryland Supreme Court on behalf of a coalition of court access advocates opposing the adoption of a rule that would block public access to court recordings in criminal cases, after ICAP successfully sued to invalidate Maryland’s “Broadcast Ban”
• 12/13/22 – ICAP Executive Director Mary McCord testified before the House Subcommittee on Civil Rights and Civil Liberties of the Committee on Oversight and Reform regarding the evolution of extremist groups and the ongoing threat to democracy following the January 6 attack.
• 12/7/22 – Filed an amicus brief in the Supreme Court on behalf of former national security officials raising the national security threats posed by online radicalization facilitated by algorithmic amplification of terrorist content by social media platforms and arguing that when it enacted the Communications Decency Act in 1996, Congress could not have intended to bar suits against such platforms for harms caused by their own algorithmic targeted recommendations
• 11/18/22 – Filed a brief in the Supreme Court explaining why Arkansas state law violates the First Amendment by prohibiting the practice of consumer boycotts of Israel by any company or person who contracts with the state
• 11/7/22 – Published updated set of guidance related to elections and polling places
• 11/6/22 – Published guidance on managing vehicular protests during election season
• 11/6/22 – Published guidance on law enforcement’s role in ensuring safe voter participation at the polls
• 11/4/22 – Published guidance on the authority of state government to regulate poll observer conduct
• 11/4/22 – Filed a brief opposing a request for Supreme Court review of a court of appeals’ decision awarding loss of life damages under 42 U.S.C. § 1983
• 10/26/22 – Filed a brief urging the Supreme Court to reject a broad reading of the so-called independent state legislature theory, which would give partisan state legislatures the power to draw congressional redistricting maps without being subject to state court review for compliance with state constitutions
• 10/11/22 – Filed a brief opposing a request for Supreme Court review of a court of appeals’ decision finding a school liable under Title IX where the school is deliberately indifferent to a student’s report of sexual harassment by a teacher and the school’s failure to act forces the student to forego educational opportunities in order to avoid additional harassment
• 10/11/22 – Filed a motion for leave to file an amicus brief arguing that the removal by the King County, Washington, government of privately placed signs falsely claiming that ballot drop boxes were under surveillance and misleadingly threatening that depositing ballots for others was illegal did not violate the First Amendment rights of the sign planter
• 10/10/22 – Filed a reply in support of a motion for a preliminary injunction and a response to defendants’ motions to dismiss in our lawsuit challenging the pretrial detention system in Prince George’s County, Maryland that allows the jail to decide who is incarcerated prior to trial
• 9/30/22 – Published a fact sheet on the “constitutional sheriffs” movement and the limits on sheriffs’ authority to involve themselves in election administration
• 9/26/22 – Filed a brief opposing a request for Supreme Court review of a court of appeals’ decision awarding loss of life damages under 42 U.S.C. § 1983
• 9/6/22 – Filed a brief opposing a request for the Supreme Court to vacate, under United States v. Munsingwear, Inc., a decision by the Third Circuit holding that a Pennsylvania requirement for voters to sign and date a declaration when they vote by mail is preempted by the materiality provision of the Civil Rights Act of 1964
• 8/26/22 – Filed a brief urging the Supreme Court to reverse the death sentence of David Brown after Louisiana failed to disclose a statement directly implicating two other people, but not Brown, in the murder of a prison guard.
• 8/10/22 – Filed a reply brief in the Tenth Circuit in a lawsuit representing a woman suing two New Mexico state police officers for violating her Fourth Amendment rights by shooting her while she was driving away from—and thus posed no danger to—them
• 7/19/22 – Filed a complaint in our lawsuit challenging the pretrial detention system in Prince George’s County, Maryland that allows the jail to decide who is incarcerated prior to trial.
• 6/24/22- Filed an amicus brief in the Supreme Court of Ohio in support of appellants’ right to use their property to provide life-saving tent shelter to unhoused individuals in Akron, OH.
• 6/10/22 – Published guidance for election, law enforcement, and public safety officials to mitigate the threat of political violence throughout an election period. Guidance written in partnership with the Crime and Justice Institute.
• 5/18/22 – ICAP sent a letter to Kinney County, Texas officials regarding Kinney County’s reported tolerance of and cooperation with groups of armed private paramilitary organizations in connection with “Operation Lone Star.”
• 5/17/22 – Filed a complaint in our lawsuit in Wisconsin state court against the fraudulent electors and their co-conspirators who sought to have their votes for Trump and Pence counted on January 6 instead of the votes of the legitimate presidential electors whose ballots represented the will of the Wisconsin voters
• 5/4/22 – Filed an opening brief in the Tenth Circuit in a lawsuit representing a woman suing two New Mexico state police officers for violating her Fourth Amendment rights by shooting her while she was driving away from—and thus posed no danger to—them
• 4/29/22 – Filed a renewed motion for summary judgment in our suit challenging Hamblen County, Tennessee’s wealth-based approach to pretrial detention
• 4/14/22 – ICAP and States United Democracy Center release new guidance: “Countering Bigotry and Extremism in the Ranks: A First Amendment Guide for Law Enforcement Agencies.”
• 4/11/22 – Filed a motion for default judgment and contempt of court for failing to comply with a court-ordered deposition, and for spoliation sanctions for destroying evidence in our lawsuit invoking New Mexico’s anti-militia and anti-paramilitary laws to prevent the return of unlawful private paramilitaries to New Mexico
• 4/6/22 – Filed a motion for summary judgment in our lawsuit representing plaintiffs in Maryland challenging a ban on broadcasting criminal court proceedings
• 3/31/22 – ICAP Executive Director Mary McCord submitted an Expert Statement for the House Select Committee to Investigate the January 6th Attack on the United States Capitol chronicling militia extremist activity leading up to, on, and after January 6; warning of continued infringement of constitutional rights by militia extremists going forward, and advocating for federal legislation to combat the threat
• 3/24/22 – Filed an answering brief in the Tenth Circuit in our lawsuit representing the Oklahoma Conference of the NAACP in a challenge to an Oklahoma anti-protest law whose vague and overbroad terms do not provide adequate notice of when it applies and threaten to criminalize constitutionally protected speech
• 3/21/22 – Sent a letter to Maryland legislators in support of common sense legislation that would preserve virtual access to Maryland courts
• 3/16/22 – Filed an opening brief in the Fifth Circuit on behalf of a Texas high schooler in a lawsuit against a school resource officer who tased him
• 3/11/22 – Filed a brief in the First Circuit challenging Massachusetts’ improper use of solitary confinement
• 3/10/22 – Filed a supplemental brief in the Tenth Circuit in our lawsuit challenging Oklahoma’s predatory scheme for collecting debt from the indigent
• 3/8/22 – Filed a reply brief in support of a petition for a writ of certiorari on behalf of a pre-trial detainee seeking to bring suit against the prison guards who ignored his pleas for help when he was brutally attacked in his cell
• 3/2/22 – Filed a motion for summary judgment in our lawsuit seeking records under the Maryland Public Information Act to shed light on the Baltimore Police Department’s compliance with legally mandated transparency practices
• 3/2/22 – Published guidance for law enforcement about policing vehicular demonstrations
• 2/28/22 – Filed a reply brief in the Indiana Court of Appeals to affirm in part and reverse in part the judgment issued by the Lake County Superior Court in our effort to defend the city of East Chicago, Indiana, against a challenge claiming that its welcoming city ordinance violates state law
• 2/17/22 – Sent a letter to the Department of Justice requesting a limit to its pursuit of life sentences for juvenile offenders and the creation of a committee to review all potential juvenile life sentences
• 2/15/22 – Filed a brief urging the Supreme Court to review a challenge to Texas’s improper use of solitary confinement
• 2/14/22 – Filed an opposition to the State of Indiana’s petition to transfer in our effort to defend the city of Gary, Indiana, against a challenge claiming that its welcoming city ordinance violates state law
• 2/14/22 – Filed an opposition to Plaintiffs’ petition to transfer in our effort to defend the city of Gary, Indiana, against a challenge claiming that its welcoming city ordinance violates state law
• 2/7/22 – Sent a letter to Idaho state legislators, in response to a proposed bill to repeal an Idaho law that prohibits unauthorized paramilitary organizations, advising that the existing law is consistent with the U.S. Constitution, the Idaho Constitution, and Idaho’s statutory regulation of the state militia and robust regulation of paramilitary and law enforcement activity
• 1/27/22 – Sent a letter to local officials in response to private paramilitary activity in Franklin County, Virginia, advising of applicable state law provisions against such activity
• 12/30/21 – Filed a brief in opposition to a grant of certiorari and a brief in opposition to an application for a stay of mandate and injunction pending review in the Supreme Court to defend against a lawsuit by Donald Trump seeking to enjoin the release of Presidential records from the National Archives to the House Select Committee to Investigate the January 6th Attack on the United States Capitol
• 12/15/21 – Filed a brief in the Fifth Circuit on behalf of law enforcement officials arguing against the termination of DACA
• 12/6/21 – Filed a reply brief in the Tenth Circuit in our lawsuit challenging Oklahoma’s predatory scheme for collecting debt from the indigent
• 11/22/21 – Filed a brief in the D.C. Circuit to defend against a lawsuit by Donald Trump seeking to enjoin the release of Presidential records from the National Archives to the House Select Committee to Investigate the January 6th Attack on the United States Capitol
• 11/19/21 – Filed a petition for a writ of certiorari in a challenge to an interpretation of Federal Rule of Civil Procedure 15(c)(1)(C) that excludes relation back of an amended complaint to the date of the original complaint if the original complaint names John Doe placeholders as defendants due to inadequate knowledge regarding the defendants’ names
• 11/15/21 – Filed a brief in the Indiana Court of Appeals to affirm in part and reverse in part the judgment issued by the Lake County Superior Court in our effort to defend the city of East Chicago, Indiana, against a challenge claiming that its welcoming city ordinance violates state law
• 11/15/21 – Filed a reply brief in the Tenth Circuit Court of Appeals in our case representing an incarcerated individual who is suing a federal prison guard who assaulted him when he was in restraints
• 11/15/21 – Filed a petition and declaration in support to enforce a subpoena against Facebook to obtain non-content defendant-related information in our lawsuit invoking New Mexico’s anti-militia and anti-paramilitary laws to prevent the return of unlawful private paramilitaries to New Mexico
• 11/5/21 – Filed a petition for rehearing en banc in the Tenth Circuit Court of Appeals in a case representing a woman suing the Utah Department of Corrections under the Americans with Disabilities Act and the Eighth Amendment after her grandson committed suicide while in a particularly harsh form of solitary confinement.
• 10/29/21 – Filed a brief in the Supreme Court in opposition to a grant of certiorari, arguing that the adequacy of mental health care for unaccompanied migrant children in a juvenile detention center should be judged by the standard of professional judgment
• 10/29/21 – Filed an opposition to a motion for a preliminary injunction to defend against a lawsuit by Donald Trump seeking to enjoin the release of Presidential records from the National Archives to the House Select Committee to Investigate the January 6th Attack on the United States Capitol
• 10/25/21 – Filed an answering brief in the Seventh Circuit in our lawsuit representing a Michigan high schooler in a Fourth and Fourteenth Amendment lawsuit against an assistant principal and school police officer who assaulted him
• 10/20/21 – Filed a complaint in a lawsuit representing plaintiffs who, while peacefully protesting the murder of George Floyd in City Hall Park, had their First, Fourth, and Fourteenth Amendment rights violated when New York City officials removed and destroyed their personal belongings
• 10/12/21 – Filed an opening brief in the Fourth Circuit Court of Appeals in a lawsuit to defend against the erosion of public-school funding in South Carolina
• 10/12/21 – Filed a reply brief in support of a motion for a preliminary injunction in our lawsuit representing the Oklahoma Conference of the NAACP in a challenge to an Oklahoma anti-protest law whose vague and overbroad terms do not provide adequate notice of when it applies and threaten to criminalize constitutionally protected speech
• 10/8/21 – Filed a motion for summary judgment in our suit challenging Hamblen County, Tennessee’s wealth-based approach to pretrial detention
• 10/6/21 – Filed an amicus brief in support of Defendants’ motion for summary judgment in a lawsuit to defend against the erosion of public-school funding in South Carolina
• 9/21/21 – Filed a brief in the Supreme Court arguing that the Constitution permits certain restrictions on firearms possession designed to protect national security and public safety
• 9/15/21 – Filed a response brief in the Maryland Court of Appeals on behalf of the Board of Education of Howard County, Maryland, in its defense against a lawsuit in state court seeking to invalidate a statutorily defined position on the board for a voting student member
• 9/14/21 – Filed a motion for a preliminary injunction in our lawsuit representing the Oklahoma Conference of the NAACP in a challenge to an Oklahoma anti-protest law whose vague and overbroad terms do not provide adequate notice of when it applies and threaten to criminalize constitutionally protected speech.
• 8/30/21 – Filed an opening brief in the Tenth Circuit Court of Appeals in our case representing an incarcerated individual who is suing a federal prison guard who assaulted him when he was in restraints
• 8/30/21 – Filed a complaint in our lawsuit representing the Oklahoma Conference of the NAACP in a challenge to an Oklahoma anti-protest law whose vague and overbroad terms do not provide adequate notice of when it applies and threaten to criminalize constitutionally protected speech.
• 8/16/21 – Filed a petition for rehearing en banc in the Fifth Circuit in our lawsuit representing a Texas high schooler in a Fourth Amendment lawsuit against a school resource officer who tased him
• 8/16/21 – Filed a petition for rehearing en banc in the Second Circuit in our lawsuit representing firefighters seeking relief from the New York Fire Department’s “clean shave” policy
• 8/6/21 – Filed an opening brief in the Tenth Circuit in our lawsuit challenging Oklahoma’s predatory scheme for collecting debt from the indigent
• 7/30/21 – Filed a brief in the Ninth Circuit challenging the United States Soccer Federation’s discriminatory approach to player compensation as violative of its responsibility to serve the public interest and promote gender equality in sport
• 7/16/21 – Filed a reply brief in the Indiana Court of Appeals to reverse the judgment issued by the Lake County Superior Court in our effort to defend the city of Gary, Indiana, against a challenge claiming that its welcoming city ordinance violates state law
• 7/7/21 – Filed a reply in support of a motion to intervene in a lawsuit to defend against the erosion of public-school funding in South Carolina
• 6/16/21 – Filed a proposed motion to dismiss in an attempt to intervene in a lawsuit and defend against the erosion of public-school funding in South Carolina
• 6/16/21 – Filed a motion to intervene in a lawsuit to defend against the erosion of public-school funding in South Carolina
• 6/11/21 – Filed a brief in the Supreme Court challenging a rule applied in the majority of circuits that thwarts a federal constitutional claim of unlawful seizure pursuant to legal process (also known as malicious prosecution) when the plaintiff’s underlying criminal case was dismissed before trial unless the plaintiff can establish that the dismissal showed “affirmative indications of innocence.”
• 6/8/21 – Filed a brief in the Ninth Circuit on behalf of the Fines and Fees Justice Center challenging the the city of Grants Pass, Oregon’s approach to fines as a violation of the Eighth Amendment
• 6/7/21 – Filed a complaint in our lawsuit seeking information, under FOIA, on how USCIS implemented a since-rescinded public charge rule that gave it expansive authority to deny noncitizens admission to the United States
• 6/4/21 – Filed an opposition to a supplemental motion to dismiss in our lawsuit seeking records under the Maryland Public Information Act to shed light on the Baltimore Police Department’s compliance with legally mandated transparency practices
• 5/25/21 – Filed a reply in support of a motion to dismiss on behalf of the Board of Education of Howard County, Maryland, in its defense against a federal lawsuit seeking to invalidate a statutorily defined position on the board for a voting student member
• 5/24/21 – Filed an opposition to defendant’s motion to dismiss in our lawsuit to vindicate the First Amendment rights of two New Jersey plaintiffs and challenge the abuse of police authority to suppress free speech
• 5/7/21 – Filed an opposition to a petition for certiorari on behalf of the Board of Education of Howard County, Maryland, in its defense against a lawsuit in state court seeking to invalidate a statutorily defined position on the board for a voting student member
• 5/4/21 – Sent a letter to the City Council of Staunton, Virginia, highlighting how a recent decision to eliminate public participation in City Council meetings via telephone raises questions about compliance with federal laws prohibiting discrimination against individuals with disabilities and may have been motivated by a desire to stifle dissenting viewpoints in violation of the First Amendment
• 4/29/21 – Filed a brief in the Indiana Court of Appeals to reverse the judgment issued by the Lake County Superior Court in our effort to defend the city of Gary, Indiana, against a challenge claiming that its welcoming city ordinance violates state law
• 4/27/21 – File a motion for enforcement of the preliminary injunction in our suit challenging Hamblen County, Tennessee’s wealth-based approach to pretrial detention
• 4/27/21 – Filed a motion to dismiss on behalf of the Board of Education of Howard County, Maryland, in its defense against a federal lawsuit seeking to invalidate a statutorily defined position on the board for a voting student member
• 4/27/21 – Filed an opposition to a motion for class certification on behalf of the Board of Education of Howard County, Maryland, in its defense against a federal lawsuit seeking to invalidate a statutorily defined position on the board for a voting student member
• 4/19/21 – Filed a brief in the Virginia Supreme Court explaining why the presumption against legislative entrenchment and for political accountability in government-speech doctrine support the current Virginia legislature’s decision to take down the Robert E. Lee monument in Richmond
• 4/19/21 – Sent a letter urging Pennsylvania’s Fifth Judicial District to provide the public with remote access to its landlord-tenant proceedings in light of temporary courthouse closures
• 4/19/21 – Published guidance for law enforcement about policing public demonstrations
• 4/7/21 – Filed an opposition to a motion to dismiss in our lawsuit seeking records under the Maryland Public Information Act to shed light on the Baltimore Police Department’s compliance with legally mandated transparency practices
• 4/6/21 – Filed a letter urging the Massachusetts Supreme Court to order an investigation into police misconduct in Springfield, Massachusetts
• 3/31/21 – Sent a letter to Texas legislators—on behalf of advocates and advocacy organizations—highlighting how inadequate COVID-19 protocols at the state capitol infringe upon their fundamental rights to participate in the legislative process by denying basic protections for their health and safety
• 3/26/21 – Sent a follow-up letter to the Texas governor as well as state, local, and federal officials in Texas urging action to address the growing threat posed by unlawful militia groups, including passing legislation to provide additional ways to combat unlawful paramilitary activity and to criminalize domestic terrorism
• 3/18/21 – Filed an amended complaint in our lawsuit to vindicate the First Amendment rights of two New Jersey plaintiffs and challenge the abuse of police authority to suppress free speech
• 3/10/21 – Filed a motion for summary judgment in our lawsuit challenging the city of St. Louis, Missouri’s wealth-based approach to pretrial detention
• 3/5/21 – Filed a reply brief in support of a cross-motion for summary judgment and in opposition to Plaintiffs’ motion for summary judgment in our effort to defend the city of East Chicago, Indiana, against a challenge claiming that its welcoming city ordinance violates state law
• 3/2/21 – Filed a complaint and motion for a preliminary injunction in our lawsuit challenging the policy of a judge in Pennsylvania’s Fifth Judicial District prohibiting members of the public from virtually attending criminal court proceedings—even when the proceedings themselves are held virtually— and requiring them to enter the courthouse in order to watch a stream of the proceedings
• 3/1/21 – Filed an opposition to Defendants’ motion for judgment on the pleadings in our lawsuit invoking New Mexico’s anti-militia and anti-paramilitary laws to prevent the return of unlawful private paramilitaries to New Mexico
• 2/15/21 – Filed a brief in the Third Circuit in support of a New Jersey policy that fosters trust between law enforcement and communities by limiting local and state involvement in federal immigration enforcement
• 2/11/21 – Filed a brief in the First Circuit advocating a more tailored standard of review in its application of vagueness doctrine
• 2/10/21 – Filed a complaint in our lawsuit to vindicate the First Amendment rights of two New Jersey plaintiffs and challenge the abuse of police authority to suppress free speech
• 2/9/21 – Filed a motion to dismiss or, in the alternative, for summary judgment on behalf of the Board of Education of Howard County, Maryland, in its defense against a lawsuit in state court seeking to invalidate a statutorily defined position on the board for a voting student member
• 2/5/21 – Filed a reply in support of Plaintiffs’ motion for summary judgment and in opposition to Defendants’ motion for summary judgment in our challenge of the intentional and discriminatory exclusion of U.S. citizen children from the benefits of emergency cash assistance distributed in response to the coronavirus pandemic
• 2/5/21 – Filed a brief in the Washington Supreme Court challenging Seattle’s approach to fines as a violation of the Eighth Amendment
• 1/25/21 – Filed a supplemental brief in the Fourth Circuit in our lawsuit challenging a new Department of Homeland Security public charge rule
• 1/20/21 – Sent a letter to the Texas governor as well as state, local, and federal officials in Texas urging action to address the growing threat posed by unlawful militia groups, including passing legislation to provide additional ways to combat unlawful paramilitary activity and to criminalize domestic terrorism
• 1/19/21 – Filed an amicus brief in the Tenth Circuit in support of victim of workplace retaliation and challenging that an employer’s assertion of a religious motive precludes liability
• 1/15/21 – Filed a complaint in our lawsuit seeking records under the Maryland Public Information Act to shed light on the Baltimore Police Department’s compliance with legally mandated transparency practices
• 1/11/21 – Filed a motion for temporary restraining order in our lawsuit representing disability-rights advocates and advocacy organizations in a challenge—under the First Amendment, the Americans with Disabilities Act of 1990, and the Rehabilitation Act of 1973—against an Idaho state legislature policy that infringes upon their fundamental rights to participate in the legislative process by denying basic protections for their health and safety.
• 1/11/21 – Filed a complaint in our lawsuit representing disability-rights advocates and advocacy organizations in a challenge—under the First Amendment, the Americans with Disabilities Act of 1990, and the Rehabilitation Act of 1973—against an Idaho state legislature policy that infringes upon their fundamental rights to participate in the legislative process by denying basic protections for their health and safety.
• 1/4/21 – Filed a brief urging the Supreme Court to review a rule applied in the majority of circuits that thwarts a federal constitutional claim of unlawful seizure pursuant to legal process (also known as malicious prosecution) when the plaintiff’s underlying criminal case was dismissed before trial unless the plaintiff can establish that the dismissal showed “affirmative indications of innocence.”
• 12/17/20 – Filed a motion for summary judgment in our challenge of the intentional and discriminatory exclusion of U.S. citizen children from the benefits of emergency cash assistance distributed in response to the coronavirus pandemic
• 12/16/20 – Filed an en banc brief in the D.C. Circuit to compel the former White House Counsel to appear before the House Judiciary Committee and testify on matters and information discussed in the Special Counsel’s Report
• 12/14/20 – Sent a third letter urging Pennsylvania’s Fifth Judicial District to provide the public with remote access to its criminal proceedings in light of temporary courthouse closures
• 12/11/20 – Filed a brief in support of a cross-motion for summary judgment and in opposition to Plaintiffs’ motion for summary judgment in our effort to defend the city of East Chicago against a challenge claiming its welcoming city ordinance violates state law
• 12/9/20 – Published guidance for law enforcement regarding unauthorized paramilitary activity at public demonstrations
• 12/9/20 – Published guidance for law enforcement about First Amendment Rights
• 12/3/20 – Published a fact sheet—in response to the increase in threats against public officials and private individuals whose jobs involve election integrity or tabulating and certifying the vote—making clear, with legal support, that threats and incitement to violence are not protected by the First Amendment and violate a number of federal and state criminal laws
• 12/3/20 – Filed a notice of supplemental authority in our Fourth Amendment lawsuit representing a Texas high schooler against a school resource officer who tased him
• 12/1/20 – Filed a complaint in our lawsuit seeking, under FOIA, to uncover a memo submitted to the Assistant Secretary for Consular Affairs that bears on the development of a rule adding a new eligibility requirement for individuals to apply to the Diversity Visa Program
• 11/20/20 – Sent a letter to local officials in response to public concern over private paramilitary activity in Atlanta, Georgia, advising of applicable state law provisions against such activity
• 11/16/20 – Filed a brief in the Supreme Court on behalf of the House of Representatives challenging an executive memo calling for the apportionment of the House of Representatives to exclude undocumented immigrants
• 11/13/20 – Published video guidance highlighting why private militias are not protected by the Second Amendment and are unlawful in every state
• 11/6/20 – Sent a letter to local officials in response to public concern over private paramilitary activity in Vancouver, Washington, advising of applicable state law provisions against such activity
• 11/4/20 – Published guidance for law enforcement about how to protect election staff and ballots during the vote counting period, while also protecting First Amendment rights during public demonstrations
• 11/2/20 – Sent a letter to local officials in the counties of Dekalb, Fulton, Floyd, Laurens, Clayton, Bartow, Lowndes, Walker, and Hart, Georgia, in response to public concern over private paramilitary activity and voter intimidation, advising of applicable state law provisions against such activity
• 11/2/20 – Sent a letter to local officials in response to public concern over private paramilitary activity and voter intimidation in Spokane County, Washington, advising of applicable state law provisions against such activity
• 11/2/20 – Sent a letter to local officials in response to public concern over private paramilitary activity and voter intimidation in Lane County, Oregon, advising of applicable state law provisions against such activity
• 11/1/20 – Published guidance for law enforcement about how to respond to drivers who express political support for a candidate while engaging in conduct that can threaten public safety, violate the law, and/or cross the line into illegal voter intimidation
• 10/30/20 – Sent a letter to local officials in response to public concern over private paramilitary activity and voter intimidation in Provo, Utah, advising of applicable state law provisions against such activity
• 10/30/20 – Sent a letter to local officials in response to public concern over private paramilitary activity and voter intimidation in Ada County, Idaho, advising of applicable state law provisions against such activity
• 10/29/20 – Published guidance for law enforcement about how to protect First Amendment rights while preserving public safety during public demonstrations following the 2020 election
• 10/29/20 – Sent a letter to local officials in response to public concern over private paramilitary activity and voter intimidation in Reno, Nevada, advising of applicable state law provisions against such activity
• 10/28/20 – Filed a reply brief in support of a motion to intervene and unseal, on behalf of the Prince George’s County Office of the Public Defender, an expert report documenting numerous incidents of abuse and misconduct committed by the Prince George’s County Police Department
• 10/27/20 – Filed a reply brief in support of a motion for summary judgment in our lawsuit challenging a new State Department rule requiring nearly all applicants for the Diversity Visa Program to have a valid passport
• 10/27/20 – Sent a letter to local officials in response to public concern over private paramilitary activity and voter intimidation in Washington County, Utah, advising of applicable state law provisions against such activity
• 10/27/20 – Published guidance outlining actions election officials can take to address and prevent voter intimidation, including by armed individuals or groups
• 10/23/20 – Sent a letter to local officials in response to public concern over private paramilitary activity and voter intimidation in Montgomery, New York, advising of applicable state law provisions against such activity
• 10/23/20 – Sent a letter to local officials in response to public concern over private paramilitary activity in Lakeland, Florida, advising of applicable state law provisions against such activity
• 10/23/20 – Sent a letter to local officials in response to public concern over private paramilitary activity and voter intimidation in Erie, Pennsylvania, advising of applicable state law provisions against such activity
• 10/21/20 – Published guidance outlining actions law enforcement can take to address and prevent voter intimidation, including by armed individuals or groups
• 10/19/20 – Publicamos, en español, un recurso sobre protección contra la intimidación de votantes
• 10/16/20 – Published a fact sheet on video recording in or near polling places
• 10/14/20 – Filed a consolidated reply in support of a motion for preliminary injunction and response to defendants’ motion to dismiss in our lawsuit in the Middle District of Tennessee on behalf of an advocate threatened with contempt of court and disciplinary action in violation of her First Amendment rights for seeking to ensure that indigent criminal defendants receive constitutionally adequate representation
• 10/14/20 – Filed a merits brief in the Supreme Court arguing for the House Committee on the Judiciary to access grand jury materials redacted from the Mueller report to aid its impeachment inquiry
• 10/8/20 – Sent a follow-up letter urging Pennsylvania’s Fifth Judicial District to provide the public with remote access to its criminal proceedings in light of temporary courthouse closures
• 10/8/20 – Filed a brief in the Northern District of Georgia explaining why Georgia state law violates the First Amendment by prohibiting the practice of consumer boycotts of Israel by any company or person who contracts with the state
• 10/7/20 – Filed a motion for summary judgment in our lawsuit challenging a new State Department rule requiring nearly all applicants for the Diversity Visa Program to have a valid passport
• 10/2/20 – Published a fact sheet on voter intimidation laws, what kinds of conduct could constitute voter intimidation, and what to do if you experience voter intimidation
• 9/28/20 – Filed a brief in the Fifth Circuit challenging Texas’s improper use of solitary confinement
• 9/18/20 – Published fact sheets for all 50 states explaining the laws barring unauthorized private militia groups and what to do if groups of armed individuals are near a polling place or voter registration drive
• 9/18/20 – Filed a motion to intervene and unseal, on behalf of the Prince George’s County Office of the Public Defender, an expert report documenting numerous incidents of abuse and misconduct committed by the Prince George’s County Police Department
• 9/14/20 – Filed a petition for rehearing en banc in the Fourth Circuit in our lawsuit challenging a new Department of Homeland Security public charge rule
• 9/8/20 – Filed a petition for rehearing en banc in the D.C. Circuit to compel the former White House Counsel to appear before the House Judiciary Committee and testify on matters and information discussed in the Special Counsel’s Report
• 9/4/20 – Filed a supplemental opposition to defendants’ motion to dismiss in our lawsuit challenging a new Department of Homeland Security public charge rule
• 9/4/20 – Sent a letter to local officials in response to private paramilitary activity in Weatherford, Texas, advising of applicable state law provisions against such activity
• 9/2/20 – Sent a letter urging Pennsylvania’s Fifth Judicial District to provide the public with remote access to its criminal proceedings in light of temporary courthouse closures
• 9/2/20 – Sent a letter to local officials in response to private paramilitary activity in Tyler, Texas, advising of applicable state law provisions against such activity
• 9/2/20 – Filed a motion for a preliminary injunction in our lawsuit in the Middle District of Tennessee on behalf of an advocate threatened with contempt of court and disciplinary action in violation of her First Amendment rights for seeking to ensure that indigent criminal defendants receive constitutionally adequate representation
• 9/1/20 – Filed a complaint in our lawsuit in the Middle District of Tennessee on behalf of an advocate threatened with contempt of court and disciplinary action in violation of her First Amendment rights for seeking to ensure that indigent criminal defendants receive constitutionally adequate representation
• 8/31/20 – Filed briefs in the District Court for the Northern District of California on behalf of the House of Representatives challenging an executive memo calling for the apportionment of the House of Representatives to exclude undocumented immigrants
• 8/27/20 – Filed a complaint in our lawsuit seeking information under FOIA to uncover details regarding the expulsion of unaccompanied and undocumented children without legal process since the beginning of the COVID-19 epidemic.
• 8/26/20 – Sent letters to local officials and the Wisconsin Attorney General in response to private paramilitary activity in Kenosha, Wisconsin, advising of applicable state law provisions against such activity
• 8/21/20 – Filed a brief in the District Court for the District of Maryland on behalf of the House of Representatives challenging an executive memo calling for the apportionment of the House of Representatives to exclude undocumented immigrants
• 8/21/20 – Sent letters to local officials in response to private paramilitary activity in Elkton and Broadway, Virginia, advising of applicable state law provisions against such activity
• 8/14/20 – Filed a brief in the District Court for the Southern District of New York on behalf of the House of Representatives challenging an executive memo calling for the apportionment of the House of Representatives to exclude undocumented immigrants
• 8/11/20 – Filed a reply brief in the Second Circuit Court of Appeals in our lawsuit representing firefighters seeking relief from the New York Fire Department’s “clean shave” policy
• 8/3/20 – Filed a merits brief in the Texas Supreme Court on behalf of CHILD USA, a think tank dedicated to ending child abuse, explaining that the First Amendment does not give religious leaders a license to suppress reporting of abuse or escape liability
• 7/31/20 – Filed a reply brief in support of a cross-motion for summary judgment and in response to the State of Indiana’s consolidated response to motions for summary judgment in our effort to defend the city of Gary, Indiana, against a challenge claiming that its welcoming city ordinance violates state law
• 7/29/20 – Held a launch event for our toolkit discussing legal principles, best practices, and creative solutions upon which local jurisdictions may draw to protect public safety while respecting constitutional rights during rallies, protests, and other public events
• 7/28/20 – Sent a letter to local officials in response to private paramilitary activity in Louisville, Kentucky, advising of applicable state law provisions against such activity
• 7/14/20 – Sent a follow-up letter urging Pennsylvania’s Fifth Judicial District to provide the public with remote access to its criminal proceedings in light of temporary courthouse closures
• 7/13/20 – Filed a complaint in our lawsuit invoking New Mexico’s anti-militia and anti-paramilitary laws to prevent the return of unlawful private paramilitaries to New Mexico
• 7/7/20 – Filed an opening brief in the Second Circuit Court of Appeals in our lawsuit representing firefighters seeking relief from the New York Fire Department’s “clean shave” policy
• 7/6/20 – Filed a supplemental brief in our lawsuit challenging Hamblen County, Tennessee’s wealth-based approach to pretrial detention in support of a motion for a preliminary injunction
• 6/26/20 – Filed a reply brief in the Fourth Circuit Court of Appeals in our lawsuit representing plaintiffs in Maryland challenging a ban on broadcasting criminal court proceedings
• 6/25/20 – Sent a letter to local officials in response to private paramilitary activity in Coeur d’Alene, Idaho, advising of applicable state law provisions against such activity
• 6/25/20 – Filed a brief in the district court on behalf of law enforcement officials in support of New Jersey’s challenge to the Justice Department’s anti-sanctuary cities policies
• 6/24/20 – Filed an opposition to defendants’ motion to dismiss in our lawsuit challenging a new Department of Homeland Security public charge rule
• 6/19/20 – Sent a letter to local officials in response to private paramilitary activity in Bonner County, Idaho, advising of applicable state law provisions against such activity
• 6/18/20 – Sent a letter to local officials in response to private paramilitary activity in Campbell County, Virginia, advising of applicable state law provisions against such activity
• 6/17/20 – Sent letters to local officials in response to private paramilitary activity in Bedford County and Appomattox County, Virginia, advising of applicable state law provisions against such activity
• 6/15/20 – Filed an opposition in the Supreme Court to a petition for a writ of certiorari to reverse an order granting the House Committee on the Judiciary access to grand jury materials redacted from the Mueller report to aid its impeachment inquiry
• 6/12/20 – Filed a a brief in the Supreme Court challenging Mississippi’s juvenile life without parole sentencing practices
• 6/11/20 – Sent a letter to local officials in response to private paramilitary activity in Altavista, Virginia, advising of applicable state law provisions against such activity