What a concept! Thanks, Judge Thrash!
The American Alliance for Equal Rights (AAER), sued Fearless Fund, whose mission is to “bridge the gap in venture capital funding for women of color,” in the Northern District of Georgia over its grant program open only to black women. In rejecting the claim and the request for an injunction, Senior Judge Judge Thomas W. Thrash, Jr. wrote in part,
The Defendants, in my opinion, have a message that they are trying to communicate that black women business people have suffered discrimination and lack of equal access to capital to begin, expand, and promote businesses. And the Defendants, with their grants, are trying to send a message that they recognize that and want to support black female business people with their charitable donations. Under the controlling Eleventh Circuit authority of Coral Ridge Ministries media, donating money qualifies as expressive conduct and is entitled to First Amendment protection. That was not a 1981 case, but I have no reason to believe that the Eleventh Circuit would have decided the case any differently under Section 1981.
And the Plaintiff disagrees with that message. They want the Defendants to communicate a different message. Well, that’s not the way it works. The First Amendment protects the Defendants’ right to decide what message they want to promote, and that’s what the First Amendment is all about. So for those reasons, I’m going to deny the Plaintiff’s motion for a preliminary injunction and deny the Plaintiff’s motion for an injunction pending appeal.
Judge Thrash’s subsequent formal Order Denying Prelminary Injunction repeated the same reasoning.








