ACLU Can Fight For Amicus Protections In Conn. Lawsuit

By Aaron Keller | July 24, 2025, 7:03 PM EDT ·

In a seeming reversal of a Tuesday order, the Connecticut Appellate Court on Wednesday allowed the ACLU's Connecticut litigation arm and five other legal advocacy groups to file friend-of-the-court briefs in a case questioning whether an unapproved amicus brief in a separate case defamed an acquitted ex-Yale student.

In a one-page order, the state's intermediate appellate court granted a June 30 application by all six organizations to weigh in on whether the litigation privilege protects court filings from defamation claims. An unsigned order on Tuesday had denied the application.

The appeal, by former Yale University student Saifullah Khan, seeks to revive a lawsuit accusing 16 other advocacy groups, nonprofits, a Michigan law firm and a Minnesota attorney of defamation. The defendants filed a rejected amicus brief in a separate state Supreme Court case.

In that appeal, the state's highest court ruled that privilege law did not protect an accuser who claimed during internal Yale disciplinary proceedings that Khan had sexually assaulted her.

Khan denied wrongdoing and was acquitted at a criminal trial. He said the 18 defendant amici penned a brief that assumed he was guilty.

In seeking to support the other nonprofits, the six newcomer groups argued their effectiveness as legal advocacy groups could be at stake if they can't file briefs without fearing "distracting collateral litigation."

The six 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.

The defendants are represented by Shipman & Goodwin LLP, Willkie Farr & Gallagher LLP, David G. Hill & Associates LLC and 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 Drashti Mehta.