VOLUNTEER OPPORTUNITY - Draft Amicus Briefing in Major First Amendment Case (Pointer v. Phelps)

Draft Amicus Briefing: Pointer v. Phelps

Washington Women Lawyers has an opportunity for members to volunteer to help draft an amicus briefing to support a First Amendment case now on appeal to the Eleventh Circuit.

The Case: Pointer v. Phelps involves the University of Alabama's permanent suspension of two student-run campus magazines — Nineteen Fifty-Six (centering Black student voices) and Alice (a publication "by and for" college women) — after the University characterized the magazines as "unlawful proxies" under a federal anti-discrimination memorandum. The district court denied their motion for a preliminary injunction, and the students have appealed.

Why It Matters: The district court's ruling raises serious concerns for free speech on college campuses, including whether student-run publications can be treated as "government speech," how courts define the relevant forum, and what counts as a cognizable "viewpoint." The outcome could have far-reaching implications for DEI-focused and gender identity-centered student publications.

Potential Amicus Topics:

• Whether the magazines' speech is government speech
• The proper forum analysis under First Amendment precedent
• What constitutes viewpoint discrimination
• The importance of student publications centering Black, women's, and LGBTQ+ perspectives
• Implications for student speech and academic communities more broadly

Timeline & Requirements: Amicus briefs are due Wednesday, September 2, 2026. Given this compressed schedule, volunteers should be prepared to begin drafting soon after committing.

Who We're Looking For: Members interested in appellate advocacy, First Amendment law, education law, or civil rights — whether or not you have prior amicus experience. Volunteers will be paired with a supporting entity and coordinate with the Pointer case team.