Center for Individual Rights
Encyclopedia
The Center for Individual Rights (CIR) is a non-profit public interest
law firm
in the United States
. Based in Washington, D.C.
, the firm is "dedicated to the defense of individual liberties against the increasingly aggressive and unchecked authority of federal and state governments." The Center is nonpartisan
but would be considered conservative or libertarian
in outlook. Its work focuses on enforcement of constitutional limits on state and federal power, primarily through litigation.
CIR's primary focus for most of its existence has been challenges to what it regards as unconstitutional or unlawful preference based on race, sex, or another protected status. It has represented members of many races but receives most of its notoriety in challenging programs favoring minorities over non-minorities, often called "affirmative action
." Another major focus for CIR is free speech. It has represented individuals and groups, often in university environments, challenging attempts to interfere with speech deemed "politically incorrect
." A third focus has been federalism
, the attempt to prevent Congress from legislating beyond the powers provided to it in the Constitution
.
had previously worked together at the conservative Washington Legal Foundation
. McDonald, an attorney, specialized in First Amendment
litigation. Greve wrote on environmental issues
and assisted with WLF's fundraising.
CIR followed a legal trend of conservative activists seeking to affect national policy through litigation. This same strategy had been pursued by groups on the left for decades. The NAACP and ACLU are notable examples of this model. Traditionally conservative public interest law movement tended to avoid original litigation.
Unlike many other Washington interest groups, CIR involves itself almost exclusively in litigation. It does not lobby
Congress
nor involve itself it the regulatory process. It does not have a large membership base to influence legislation or engage in fundraising. It has, however, aligned itself with several referendum
movements to end State use of racial preferences.
From the outset, CIR specialized in a small number of areas of litigation: free speech and civil rights being the two most important. Unlike traditional liberal groups, CIR found its niche primarily challenging racial preferences in favor of minorities also called affirmative action, government regulation, unconstitutional state action, and other similar entanglements.
Like its liberal counterparts, CIR provides free legal representation to clients who cannot otherwise afford or obtain legal counsel and whose individual rights are threatened. It is funded primarily from individuals and foundations who favor its goals.
cases and First Amendment
cases involving Freedom of Religion
and Free Speech. It has also been involved in several cases involving federalism
. For a relatively small organization in existence for only two decades, it has had quite a number of landmark cases, including a number that have reached the US Supreme Court.
and Grutter v. Bollinger
, challenges to the University of Michigan's policies giving preference to minority applicants to its undergraduate college (Gratz) and its law school (Grutter). CIR began litigation in 1997. The final Supreme Court opinions were delivered in 2003. Having failed to get the Court to ban use of race in admissions, CIR provided legal support for the Michigan Civil Rights Initiative
and has brought subsequent challenges to the University's continuing use of racial preferences in admissions.
The two Michigan cases capped a series of cases around the country, challenging discriminator admissions systems at various universities. Two other key cases were Hopwood v. Texas
where the Court of Appeals for the Fifth Circuit banned racial preferences at the University of Texas. Another case, Smith v. Univ. of Washington in the 9th Circuit upheld use of racial preferences in admissions.
CIR has also challenged numerous University programs which excluded non-minorities. For example, in Doe v. Department of Health and Human Services CIR ended the practice of excluding all non-minorities summer study program at Texas A&M University
, a program funded in part by the National Institutes of Health
. Similarly in Smith v. Virginia Commonwealth University CIR represented a high school student banned from attending a summer journalism workshop when it was determined he was white. In Tompkins v. Alabama State University CIR represented a black student challenging an all-white scholarship at a traditionally black university.
In another case that reached the Supreme Court, CIR participated in the voting rights case of Reno v. Bossier Parish in which the Department of Justice
refused to provide pre-clearance for a state redistricting plan which expanded minority districts because the DOJ felt even more minority districts could be created. The Court held that DOJ could not deny pre-clearance to redistricting plans that did not show a discriminatory intent and which did not reduce the number of minority districts.
, CIR represented a student newspaper denied University funding because of the religious content of the paper. Wide Awake was a student run newspaper with a Christian perspective. Despite University funding for a wide range of student groups, including Jewish and Muslim groups, the University categorically denied funding for Wide Awake, arguing it would violate the Establishment Clause. The Supreme Court disagreed, holding that by funding a wide range of groups, the University could not discriminate by excluding religious organizations from funding eligibility.
Building on Rosenberger CIR brought a second case on behalf of Columbia Union College
. The school challenged a Maryland Program which provided private colleges and Universities with funds based on the number of students they taught. Numerous Catholic colleges received funding but CUC (run by Seventh Day Adventists) was deemed "pervasively sectarian" or too religious. The United States Court of Appeals for the Fourth Circuit
found that CUC was entitled to equal access to funding.
CIR has also brought a number of cases in lower courts challenging use of racial or sexual harassment codes to silence University Professors, students, and others who have challenged politically correct ideas or used other language considered controversial. It has brought cases against the University of Oklahoma
, the University of New Hampshire
, and California Polytechnic State University
. Most of these cases are settled quickly in CIR's favor and have not gone to trial.
Another area of focus has been defending citizens protesting various political matters who have been sued by entities arguing that their protests or criticism were civil right violations. For example, in White v. Lee CIR defended a neighborhood group who opposed the conversion of hotel in to a homeless shelter. Their peaceful protests involved leafleting let neighbor know of the plan and speaking out at public meetings. After a complaint was filed by the developer of the project The Department of Housing and Urban Development began an investigation threatening fines of up to $50,000 each for obstructing housing for the disabled (since recovering alcoholics and drug addicts who would live in the shelter were defined as disabled). The Court of Appeals for the Ninth Circuit upheld the principle that civil rights laws could not be used to stifle legitimate political debate of these matters. CIR has brought similar cases on behalf of protesters against the City of Fresno, California, and the District of Columbia.
. In that case, a female student at Virginia Tech accused several football players of rape. Although a grand jury found insufficient evidence to prosecute, the student brought a challenge in Federal Court under the newly enacted Violence Against Women Act
. This law gave women the right to bring such actions under federal authority to regulate commerce among the States. CIR represented one of the football players arguing that the alleged non-economic activity had little relation to interstate commerce. The Court agreed and found that portion of VAWA to be beyond Congressional authority.
have moved on to other projects. CIR's current president is Terry Pell
. Pell is a former Deputy Assistant Secretary for Civil Rights in the U.S. Department of Education. He later served as General Counsel and Chief of Staff at the Office of National Drug Control Policy
. He joined CIR in 1997.
CIR's litigation docket is run by the General Counsel, Michael Rosman, a graduate of Yale Law School
and former attorney with the New York Law firm of Rosenman & Colin. He joined CIR in 1994.
CIR's most famous former staff member is probably author and attorney Ann Coulter
who worked there briefly as an attorney in the 1990s.
Public interest
The public interest refers to the "common well-being" or "general welfare." The public interest is central to policy debates, politics, democracy and the nature of government itself...
law firm
Law firm
A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients about their legal rights and responsibilities, and to represent clients in civil or criminal cases, business transactions, and other...
in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. Based in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
, the firm is "dedicated to the defense of individual liberties against the increasingly aggressive and unchecked authority of federal and state governments." The Center is nonpartisan
Nonpartisan
In political science, nonpartisan denotes an election, event, organization or person in which there is no formally declared association with a political party affiliation....
but would be considered conservative or libertarian
Libertarianism
Libertarianism, in the strictest sense, is the political philosophy that holds individual liberty as the basic moral principle of society. In the broadest sense, it is any political philosophy which approximates this view...
in outlook. Its work focuses on enforcement of constitutional limits on state and federal power, primarily through litigation.
CIR's primary focus for most of its existence has been challenges to what it regards as unconstitutional or unlawful preference based on race, sex, or another protected status. It has represented members of many races but receives most of its notoriety in challenging programs favoring minorities over non-minorities, often called "affirmative action
Affirmative action in the United States
In the United States, affirmative action refers to equal opportunity employment measures that Federal contractors and subcontractors are legally required to adopt. These measures are intended to prevent discrimination against employees or applicants for employment, on the basis of "color,...
." Another major focus for CIR is free speech. It has represented individuals and groups, often in university environments, challenging attempts to interfere with speech deemed "politically incorrect
Political correctness
Political correctness is a term which denotes language, ideas, policies, and behavior seen as seeking to minimize social and institutional offense in occupational, gender, racial, cultural, sexual orientation, certain other religions, beliefs or ideologies, disability, and age-related contexts,...
." A third focus has been federalism
Federalism
Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...
, the attempt to prevent Congress from legislating beyond the powers provided to it in the Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
.
Institutional Mission
CIR was incorporated in November 1988 and began operations in April 1989. Its name was chosen to underscore that its objective would be to defend individual liberties, broadly understood to encompass both civil and economic rights. Its founders, Michael McDonald and Michael GreveMichael Greve
Michael Greve is the John G. Searle Scholar and Director of the Federalism Project at the American Enterprise Institute. He is also a member of the board of directors of the Competitive Enterprise Institute...
had previously worked together at the conservative Washington Legal Foundation
Washington Legal Foundation
The Washington Legal Foundation is a non-profit legal organization based in Washington, D.C. Founded in 1977, the Foundation's stated goal is "to defend and promote the principles of freedom and justice." The organization promotes pro-business and free-market positions and is widely perceived as...
. McDonald, an attorney, specialized in First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
litigation. Greve wrote on environmental issues
Environmentalism
Environmentalism is a broad philosophy, ideology and social movement regarding concerns for environmental conservation and improvement of the health of the environment, particularly as the measure for this health seeks to incorporate the concerns of non-human elements...
and assisted with WLF's fundraising.
CIR followed a legal trend of conservative activists seeking to affect national policy through litigation. This same strategy had been pursued by groups on the left for decades. The NAACP and ACLU are notable examples of this model. Traditionally conservative public interest law movement tended to avoid original litigation.
Unlike many other Washington interest groups, CIR involves itself almost exclusively in litigation. It does not lobby
Lobbying in the United States
Lobbying in the United States targets the United States Senate, the United States House of Representatives, and state legislatures. Lobbyists may also represent their clients' or organizations' interests in dealings with federal, state, or local executive branch agencies or the courts. Lobby...
Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
nor involve itself it the regulatory process. It does not have a large membership base to influence legislation or engage in fundraising. It has, however, aligned itself with several referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
movements to end State use of racial preferences.
From the outset, CIR specialized in a small number of areas of litigation: free speech and civil rights being the two most important. Unlike traditional liberal groups, CIR found its niche primarily challenging racial preferences in favor of minorities also called affirmative action, government regulation, unconstitutional state action, and other similar entanglements.
Like its liberal counterparts, CIR provides free legal representation to clients who cannot otherwise afford or obtain legal counsel and whose individual rights are threatened. It is funded primarily from individuals and foundations who favor its goals.
Important Cases
CIR's primary focus has been on Civil RightsCivil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
cases and First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
cases involving Freedom of Religion
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
and Free Speech. It has also been involved in several cases involving federalism
Federalism
Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...
. For a relatively small organization in existence for only two decades, it has had quite a number of landmark cases, including a number that have reached the US Supreme Court.
Civil Rights
CIR's most famous cases were Gratz v. BollingerGratz v. Bollinger
Gratz v. Bollinger, 539 U.S. 244 , was a United States Supreme Court case regarding the University of Michigan undergraduate affirmative action admissions policy...
and Grutter v. Bollinger
Grutter v. Bollinger
Grutter v. Bollinger, 539 U.S. 306 , was a case in which the United States Supreme Court upheld the affirmative action admissions policy of the University of Michigan Law School...
, challenges to the University of Michigan's policies giving preference to minority applicants to its undergraduate college (Gratz) and its law school (Grutter). CIR began litigation in 1997. The final Supreme Court opinions were delivered in 2003. Having failed to get the Court to ban use of race in admissions, CIR provided legal support for the Michigan Civil Rights Initiative
Michigan Civil Rights Initiative
The Michigan Civil Rights Initiative , or Proposal 2 , was a ballot initiative in the U.S. state of Michigan that passed into Michigan Constitutional law by a 58% to 42% margin on November 7, 2006, according to results officially certified by the Michigan Secretary of State. By Michigan law, the...
and has brought subsequent challenges to the University's continuing use of racial preferences in admissions.
The two Michigan cases capped a series of cases around the country, challenging discriminator admissions systems at various universities. Two other key cases were Hopwood v. Texas
Hopwood v. Texas
Hopwood v. Texas, 78 F.3d 932 , was the first successful legal challenge to a university's affirmative action policy in student admissions since Regents of the University of California v. Bakke, 438 U.S. 265...
where the Court of Appeals for the Fifth Circuit banned racial preferences at the University of Texas. Another case, Smith v. Univ. of Washington in the 9th Circuit upheld use of racial preferences in admissions.
CIR has also challenged numerous University programs which excluded non-minorities. For example, in Doe v. Department of Health and Human Services CIR ended the practice of excluding all non-minorities summer study program at Texas A&M University
Texas A&M University
Texas A&M University is a coeducational public research university located in College Station, Texas . It is the flagship institution of the Texas A&M University System. The sixth-largest university in the United States, A&M's enrollment for Fall 2011 was over 50,000 for the first time in school...
, a program funded in part by the National Institutes of Health
National Institutes of Health
The National Institutes of Health are an agency of the United States Department of Health and Human Services and are the primary agency of the United States government responsible for biomedical and health-related research. Its science and engineering counterpart is the National Science Foundation...
. Similarly in Smith v. Virginia Commonwealth University CIR represented a high school student banned from attending a summer journalism workshop when it was determined he was white. In Tompkins v. Alabama State University CIR represented a black student challenging an all-white scholarship at a traditionally black university.
In another case that reached the Supreme Court, CIR participated in the voting rights case of Reno v. Bossier Parish in which the Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
refused to provide pre-clearance for a state redistricting plan which expanded minority districts because the DOJ felt even more minority districts could be created. The Court held that DOJ could not deny pre-clearance to redistricting plans that did not show a discriminatory intent and which did not reduce the number of minority districts.
First Amendment
In Rosenberger v. University of VirginiaRosenberger v. University of Virginia
Rosenberger v. Rector and Visitors of the University of Virginia, , was an opinion by the Supreme Court of the United States regarding whether a state university might, consistently with the First Amendment, withhold from student religious publications funding provided to similar secular student...
, CIR represented a student newspaper denied University funding because of the religious content of the paper. Wide Awake was a student run newspaper with a Christian perspective. Despite University funding for a wide range of student groups, including Jewish and Muslim groups, the University categorically denied funding for Wide Awake, arguing it would violate the Establishment Clause. The Supreme Court disagreed, holding that by funding a wide range of groups, the University could not discriminate by excluding religious organizations from funding eligibility.
Building on Rosenberger CIR brought a second case on behalf of Columbia Union College
Columbia Union College
Washington Adventist University is a Seventh-day Adventist liberal arts university operating in Takoma Park, Maryland, United States. Since 2008, when its new president Weymouth Spence announced a restructuring, the school has seen its enrollment increase by 50%.- Academics :WAU is accredited by...
. The school challenged a Maryland Program which provided private colleges and Universities with funds based on the number of students they taught. Numerous Catholic colleges received funding but CUC (run by Seventh Day Adventists) was deemed "pervasively sectarian" or too religious. The United States Court of Appeals for the Fourth Circuit
United States Court of Appeals for the Fourth Circuit
The United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:*District of Maryland*Eastern District of North Carolina...
found that CUC was entitled to equal access to funding.
CIR has also brought a number of cases in lower courts challenging use of racial or sexual harassment codes to silence University Professors, students, and others who have challenged politically correct ideas or used other language considered controversial. It has brought cases against the University of Oklahoma
University of Oklahoma
The University of Oklahoma is a coeducational public research university located in Norman, Oklahoma. Founded in 1890, it existed in Oklahoma Territory near Indian Territory for 17 years before the two became the state of Oklahoma. the university had 29,931 students enrolled, most located at its...
, the University of New Hampshire
University of New Hampshire
The University of New Hampshire is a public university in the University System of New Hampshire , United States. The main campus is in Durham, New Hampshire. An additional campus is located in Manchester. With over 15,000 students, UNH is the largest university in New Hampshire. The university is...
, and California Polytechnic State University
California Polytechnic State University
California Polytechnic State University, or Cal Poly, is a public university located in San Luis Obispo, California, United States. The university is one of two polytechnic campuses in the 23-member California State University system....
. Most of these cases are settled quickly in CIR's favor and have not gone to trial.
Another area of focus has been defending citizens protesting various political matters who have been sued by entities arguing that their protests or criticism were civil right violations. For example, in White v. Lee CIR defended a neighborhood group who opposed the conversion of hotel in to a homeless shelter. Their peaceful protests involved leafleting let neighbor know of the plan and speaking out at public meetings. After a complaint was filed by the developer of the project The Department of Housing and Urban Development began an investigation threatening fines of up to $50,000 each for obstructing housing for the disabled (since recovering alcoholics and drug addicts who would live in the shelter were defined as disabled). The Court of Appeals for the Ninth Circuit upheld the principle that civil rights laws could not be used to stifle legitimate political debate of these matters. CIR has brought similar cases on behalf of protesters against the City of Fresno, California, and the District of Columbia.
Federalism
CIR also brought an important federalism case in United States v. MorrisonUnited States v. Morrison
United States v. Morrison, is a United States Supreme Court decision which held that parts of the Violence Against Women Act of 1994 were unconstitutional because they exceeded congressional power under the Commerce Clause and under section 5 of the Fourteenth Amendment to the Constitution.-...
. In that case, a female student at Virginia Tech accused several football players of rape. Although a grand jury found insufficient evidence to prosecute, the student brought a challenge in Federal Court under the newly enacted Violence Against Women Act
Violence Against Women Act
The Violence Against Women Act of 1994 is a United States federal law. It was passed as Title IV, sec. 40001-40703 of the Violent Crime Control and Law Enforcement Act of 1994, , and signed as by President Bill Clinton on September 13, 1994...
. This law gave women the right to bring such actions under federal authority to regulate commerce among the States. CIR represented one of the football players arguing that the alleged non-economic activity had little relation to interstate commerce. The Court agreed and found that portion of VAWA to be beyond Congressional authority.
Staff
Both of CIR's founders Michael P. McDonald and Michael GreveMichael Greve
Michael Greve is the John G. Searle Scholar and Director of the Federalism Project at the American Enterprise Institute. He is also a member of the board of directors of the Competitive Enterprise Institute...
have moved on to other projects. CIR's current president is Terry Pell
Terry Pell
Terence J. Pell is the president of the Center for Individual Rights. He is a former Deputy Assistant Secretary for Civil Rights in the United States Department of Education.- External links :*...
. Pell is a former Deputy Assistant Secretary for Civil Rights in the U.S. Department of Education. He later served as General Counsel and Chief of Staff at the Office of National Drug Control Policy
Office of National Drug Control Policy
The White House Office of National Drug Control Policy , a former cabinet level component of the Executive Office of the President of the United States, was established in 1989 by the Anti-Drug Abuse Act of 1988...
. He joined CIR in 1997.
CIR's litigation docket is run by the General Counsel, Michael Rosman, a graduate of Yale Law School
Yale Law School
Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...
and former attorney with the New York Law firm of Rosenman & Colin. He joined CIR in 1994.
CIR's most famous former staff member is probably author and attorney Ann Coulter
Ann Coulter
Ann Hart Coulter is an American lawyer, conservative social and political commentator, author, and syndicated columnist. She frequently appears on television, radio, and as a speaker at public events and private events...
who worked there briefly as an attorney in the 1990s.
External links
- Center for Individual Rights web site
- Media Transparency page on the Center for Individual Rights
- Salon Magazine article on CIR from 1999
- The Nation Magazine from 1999 regarding CIR's challenges to Affirmative Action
- National Review Article from 2002 regarding challenges to EEOC and HUD practices
- CIR founder Michael McDonald's current website