Erika Sanzi Director of Outreach | Parents Defending Education
Defending Education, a membership association advocating for the rights of K-12 students, has filed an en banc petition in its lawsuit against the Croton-Harmon Union Free School District. The organization challenges the district's speech codes, which it describes as vague and viewpoint-based restrictions on student speech.
The case centers around 42 U.S.C. §1983 and whether it allows associational standing—where associations can sue on behalf of their members when state actors violate constitutional rights. Currently, the Second Circuit is unique in holding that §1983 bans such standing due to a precedent set by Aguayo v. Richardson in 1973.
Defending Education argues that this rule is outdated and conflicts with numerous Supreme Court decisions allowing associational standing under §1983. The association believes that overturning Aguayo would benefit both individuals represented by associations and the judicial system.
The initial dismissal of Defending Education's complaint was based on two Second Circuit decisions: Do No Harm v. Pfizer and Aguayo v. Richardson. While the Pfizer decision was later revised to allow associations to use pseudonyms without automatic dismissal, Defending Education's case remains dismissed under Aguayo.
The organization seeks an en banc hearing from the full court to overrule Aguayo, arguing that "associational standing is a well-established and important tool for vindicating federally protected civil rights." It contends that every other circuit permits associations to bring §1983 claims on behalf of their members, urging the court to align with this broader interpretation.
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