On March 27, 2024, Speech First, a national membership group of students, alumni, and others that defends free speech on campus, filed an amicus (“friend of the court”) brief supporting Do No Harm’s request for the full U.S. Court of Appeals for the Second Circuit to rehear Do No Harm v. Pfizer. A three-judge panel had ruled that groups can’t have “standing” to sue for their members unless they reveal those members’ identities.
Speech First gave two reasons for rehearing:
- The ruling conflicts with other courts. The Tenth and D.C. Circuits do not require groups to name their members. Speech First itself was the plaintiff in the Tenth Circuit case, which was in the same stage of litigation.
- The ruling hurts vulnerable people. College students turn to Speech First to defend their First Amendment rights because it protects their identities from schools that could retaliate. For many students facing censorship on campus, suing through a group is the only realistic option.
Read the full brief below:
