In an application filed Monday with the Connecticut Appellate Court, the nonprofits said the litigation privilege, which protects parties from defamation lawsuits for statements made in court, is broad enough to cover amicus briefs that try to advance their goals.
"If the court holds that the litigation privilege does not apply to amicus briefs, proposed amici will have to weigh the threat of costly and distracting collateral litigation before filing amicus briefs," the nonprofits said, adding that "a decision in this matter will affect their continued advocacy."
Aside from the ACLU's local litigation arm, the Brady Center to Prevent Gun Violence, the Giffords Law Center to Prevent Gun Violence and Americans United for Separation of Church and State joined the petition, plus women's rights organization Her Justice and youth advocacy group Children's Rights.
The nonprofits said they "each have a strong interest in providing courts with their expertise and unique perspectives" without worrying about being sued.
The litigation privilege is "is consistent with both Connecticut law and sound public policy," they argued.
A proposed amicus brief was not attached to the petition.
Former Yale University student Saifullah Khan filed the appeal Jan. 15 after losing a defamation case against 14 other nonprofits and a lawyer over language they used to describe him in an amicus filing rejected by the Connecticut Supreme Court.
Khan's appeal argues that a superior court judge "improperly extended the litigation privilege — designed to protect parties, witnesses, and attorneys directly involved in litigation — to proposed amici who were denied permission to file their brief until the defamatory statements were removed."
The appeal is part of a maelstrom of litigation surrounding Khan that began when a then-fellow Yale student accused him of sexual assault. He was acquitted at a criminal trial, but Yale expelled him after an internal disciplinary proceeding that included testimony from the accuser.
Khan then sued the accuser, claiming she defamed him, along with Yale and several employees, claiming they failed to protect his rights. A Connecticut federal judge threw out the case, but the Second Circuit revived it after asking the state supreme court for help.
The Second Circuit's certified question to the Connecticut Supreme Court is where the contested underlying amicus brief was filed.
According to Khan, the brief assumed his accuser's claims were true and defamed him, despite his acquittal. He has long maintained that he had consensual sex with his accuser.
The Connecticut Supreme Court agreed that Yale's proceedings didn't contain the traditional hallmarks of litigation, such as a transcript, cross-examination or the right to counsel, and therefore were not protected by privilege.
The case returned to federal court, where it remains ongoing.
Counsel for the nonprofits and for Khan did not respond to requests for comment on Tuesday.
The nonprofits are represented by Steven M. Frederick and Zachary J. Phillipps of Wofsey Rosen Kweskin & Kuriansky LLP, and Emilie B. Cooper, Anne S. Aufhauser, Shira D. Sandler, Basem H. Besada, Gabriella Carnazza and Jamie Spence of Fried Frank Harris Shriver & Jacobson LLP.
Khan is represented by Alexander T. Taubes.
Jewish Women International, Legal Momentum, Chicago Alliance Against Sexual Exploitation, Connecticut Coalition Against Domestic Violence Inc., Futures Without Violence, National Alliance to End Sexual Violence, National Crime Victim Law Institute, National Network to End Domestic Violence Inc., National Women's Law Center, Volare and Women's Law Project are represented by Shipman & Goodwin LLP, and Willkie Farr & Gallagher LLP.
Advocates for Youth is represented by Sharon Baldwin of David G. Hill & Associates LLC.
Fierberg National Law Group PLLC is represented by Diserio Martin O'Connor & Castiglioni LLP.
The case is Khan v. Jewish Women International et al., case number AC 48383, in the Connecticut Appellate Court.
--Editing by Adam LoBelia.
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