AMERICAN ALLIANCE FOR EQUAL RIGHTS, versus FEARLESS FUND MANAGEMENT, LLC, 2023
To be sure, the line between “pure speech” that arguably entails discriminatory sentiments, see 303 Creative, 600 U.S. at 587, and the very act of discrimination itself may at times be hard to draw. And to be sure, Fearless characterizes its contest as reflecting its “commitment” to the “[b]lack women-owned” business community. The fact remains, though, that Fearless simply—and flatly— refuses to entertain applications from business owners who aren’t “black females.” Official Rules at 3. If that refusal were deemed sufficiently “expressive” to warrant protection under the Free Speech Clause, then so would be every act of race discrimination,
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"Moreover, and more specifically, each lost opportunity to enter Fearless’s contest works an irreparable injury because it prevents the Alliance’s members from competing at all—not just for the $20,000 cash prize but also for Fearless’s ongoing mentorship and the ensuing business opportunities that a contest victory might provide. "
The organization refused applications from anyone who wasn’t a black female, again different then an outreach group. I am sure if a male applied to “Girls who code” was denied and was able to establish this did harm to him he could have a case. As far as I know that has not happened so the group and others like it are perfectly legal.
To be sure, the line between “pure speech” that arguably entails discriminatory sentiments, see 303 Creative, 600 U.S. at 587, and the very act of discrimination itself may at times be hard to draw. And to be sure, Fearless characterizes its contest as reflecting its “commitment” to the “[b]lack women-owned” business community. The fact remains, though, that Fearless simply—and flatly— refuses to entertain applications from business owners who aren’t “black females.” Official Rules at 3. If that refusal were deemed sufficiently “expressive” to warrant protection under the Free Speech Clause, then so would be every act of race discrimination, ... "Moreover, and more specifically, each lost opportunity to enter Fearless’s contest works an irreparable injury because it prevents the Alliance’s members from competing at all—not just for the $20,000 cash prize but also for Fearless’s ongoing mentorship and the ensuing business opportunities that a contest victory might provide. "