Safeguarding First Amendment Rights

Recognizing the strength that our democracy draws from a diversity of viewpoints and faiths, ICAP has filed amicus briefs, written op-eds, and gathered important voices challenging the Executive Branch in order to preserve open fora for free expression, ensure religious freedom, and protect the press.

We also represent 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; an advocate threatened with contempt of court and disciplinary action in violation of her First Amendment rights; 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; two plaintiffs seeking to vindicate their First Amendment rights and challenge the abuse of police authority to suppress free speech; disability-rights advocates and advocacy organizations in a challenge 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; and a Texas Catholic Church challenging construction of the border wall on its land as substantially burdening the free exercise of religion.

ICAP has produced guidance for fostering First Amendment rights in a variety of circumstances, including related to elections, polling places, and public protests and demonstrations.

Our Work

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.
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
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
4/19/21 – 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
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
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
12/3/19 – Filed a brief in the Fifth Circuit explaining why Texas 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
10/21/19 – Filed a brief in the First Circuit arguing on the proper framework for assessing the scope of First Amendment protection for the act of recording a government official’s public conduct
6/14/19 – Filed an amended complaint challenging as a First Amendment violation an Arkansas city police department’s removal of critical posts on its Facebook page
4/17/19 – Filed a brief explaining how Virginia’s monuments law distorts government-speech doctrine and severely undermines local democracy by forcing cities to express unwanted messages in perpetuity
4/15/19 – Filed a brief in the Eight Circuit 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
3/20/19 – Wrote an op-ed explaining why President Trump’s use of Twitter to block his critics violates constitutional free speech protections
11/13/18 – Filed a brief challenging White House retaliation against a member of the press
10/18/18 – Filed a brief in the Second Circuit on behalf of leading First Amendment scholars arguing that President Trump’s use of Twitter to block his critics violates constitutional free speech protections
9/26/18 – Wrote an op-ed explaining why it is unconstitutional for government officials to block constituents on their official social media sites
7/18/18 – Filed a brief in the Fourth Circuit on behalf of leading First Amendment scholars arguing that a government official’s blocking of critics on Facebook violates constitutional free speech protections
12/14/17 – Sent a letter to President Trump warning of Establishment Clause concerns regarding his anti-Muslim retweets
11/6/17 – Filed a brief in the district court on behalf of leading First Amendment scholars arguing that President Trump’s use of Twitter to block his critics violates constitutional free speech protections