Mike McCrone

Advancing American Freedom (AAF) today announced it joined a Boyden Gray & Associates-led amicus brief in Boe v. Marshall (formerly Eknes-Tucker v. Ivey). In the brief, amici argue that the Biden administration’s Department of Justice (DOJ) chilled the First Amendment rights of an ideologically opposed organization when it issued a subpoena in August 2022.

“As Americans, we cannot stand idly by as President Biden’s Justice Department uses its power to politically intimidate ideologically opposed groups like the Eagle Forum,” said Advancing American Freedom founder Mike Pence. “This is a blatant attack on the First Amendment, and the continued appearance of partisanship by the Justice Department must be addressed.”

The amicus brief asks the Court to “quash the United States’ subpoena in full” because the Biden DOJ does not provide any valid justification or prove any legitimate interest to seek constitutionally protected information or other internal documents of a private non-profit organization.

The amici further request that the Court quash the subpoena in a written opinion that “unmistakably vindicates the First Amendment rights at stake.” “Doing so in a public way,” write the amici, “may help to deter the government from using the awesome power of the Department of Justice to chill the rights of politically unpopular citizens and organizations.

AAF joined more than fifty organizations in signing the amicus brief.

Additionally, AAF today separately filed a Freedom of Information Act request to the U.S. Department of Justice’s communications with non-DOJ personnel about gender identity and any and all records relating to the subject of Eagle Forum and related entities.

To view Boyden Gray & Associates’ amicus brief, click HERE.