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March 28, 2024

AAF Files Amicus Brief Defending Religious Broadcasters

March 28th, 2024

Advancing American Freedom led an amicus brief with 18 other amici in National Religious Broadcasters Noncommercial Music License Committee v. Copyright Royalty Board in which the National Religious Broadcasters are asking the Supreme Court to hear their challenge of the Copyright Royalty Board’s decision to impose a higher fee on religious broadcasters than on National Public Radio.

“Under the First Amendment, the government cannot force religious broadcasters to pay more for the same license than secular or government broadcasters,” said J. Marc Wheat, AAF General Counsel. “The Supreme Court should take up this case and rule for National Religious Broadcasters to protect the rights of all Americans to the Free Exercise of their religious convictions and their Freedom of Association.”

Read the full amicus brief here.

National Religious Broadcasters Noncommercial Music License Committee v. Copyright Royalty Board

Alliance for Fair Board Recruitment; National Center for Public Policy Research v. Securities and Exchange Commission

AAF Files Amicus on Nasdaq Rule Demanding Diversity on Corporate Boards

March 28th, 2024

Advancing American Freedom led an amicus brief with over 20 other amici in Alliance for Fair Board Recruitment v. SEC, in which the Alliance for Fair Board Recruitment is asking the Fifth Circuit en banc to overturn the three-judge panel’s holding that the Securities and Exchange Commission’s approval of a proposed Nasdaq rule that requires corporate boards either to have artificially imposed “diversity” or to explain why they are not diverse.

“Martin Luther King, Jr. expressed the fundamental philosophy of the Equal Protection Clause of the Fourteenth Amendment when he shared his dream that his children would ‘one day live in a nation where they will not be judged by the color of their skin but by the content of their character,’” said J. Marc Wheat, AAF General Counsel. “The Fifth Circuit should reverse the panel’s decision. Corporate boards should be selected based on competence in their one job, generating a return for investors, not irrelevant demographic characteristics.”

You can read the full amicus brief here.

No on E, San Franciscans opposing the Affordable Care Housing Production Act v. David Chiu, In His Official Capacity as San Francisco City Attorney

AAF: “Freedom of Association Includes the Right to Associate Anonymously”

March 25th, 2024

Advancing American Freedom led an amicus brief with over 20 other amici in No on E v. Chiu, in which a San Francisco political organization is challenging San Francisco’s unconstitutional and un-American disclosure law that requires certain political speakers to disclose not only their immediate donors, but in some cases, their donor’s donors.

“Anonymous speech and association are American traditions that pre-exist the Founding, as demonstrated by the pseudonymous publication of the Federalist and Anti-federalist papers,” said J. Marc Wheat, AAF General Counsel. “The phenomenon of ‘cancel culture’ is a plague on our society today, the consequences of which are exacerbated by laws like San Francisco’s disclosure law. The Supreme Court has the opportunity to make clear that the rights to Free Speech and Association protected by the First Amendment include the right to exercise those rights anonymously without fear of reprisal.”

You can read the full amicus brief here.