23 NGOs Amicus Brief in Support of Plaintiff

Key Excerpts

• The [Executive] Order, if allowed to stand, not only would discourage Perkins Coie from representing and co-counseling with Amici and similarly situated NGOs; it would strike fear throughout the bar that, if a law firm takes on a case opposed by the President, they could be the next firm to suffer sanctions. The result would be a direct infringement on NGOs’ First Amendment freedom of association.
• The goal in all of this is to intimidate lawyers into not representing certain clients or causes, including pro bono matters, that are unpopular with the President. This is rank viewpoint discrimination. By constraining NGOs’ ability to obtain counsel to participate in protected speech through threats to third parties (the law firms), the Order violates the First Amendment. (citation omitted)
• The practical result of the Order is that it stifles the speech of NGOs like Amici, suppresses their freedom to petition the government and of association, and insulates the presidential administration from both criticism and the limits imposed by the law. As such, it is a direct assault on the rule of law.