Case Particulars

Tribunal

11th Circuit Court of Appeals

Date Filed

November 13, 2023

Docket No.

N.D. Ga. Case: 1:23-cv-03424-TWT / 11th Circuit Case: 23-13138

Case Status

Plaintiff's motion for injunction pending appeal granted by 11th Cir.; oral argument held Jan. 31, 2024; 11th Circuit reversed the district court on June 3, 2024

Case Overview

The American Alliance for Equal Rights (AAER) brought suit against Fearless Fund in the Northern District of Georgia challenging a grant program available only to black women. The claim was brought under 42 U.S.C. § 1981, a post-civil war statute prohibiting discrimination in contracting, and not the Equal Protection Clause of the 14th Amendment, which arguably would not apply to a private investment company, nor under other discrimination statutes.

The Federal District Court judge ruled in favor of the program on the basis that a racially discriminatory contract is “speech and expression” protected by the 1st Amendment. The 11th Circuit Court of Appeals granted AAER’s emergency motion for injunction pending appeal, and the Equal Protection Project filed an Amicus Curaie brief in the 11th Circuit supporting AAER.

11th Circuit oral argument was held January 31, 2024.

On June 3, 2024, the 11th Circuit issued an opinion reversing the district court, holding that the First Amendment does not protect or absolve discriminatory conduct.