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Update on the Authors Guild’s Class Action Lawsuit to Reverse Unlawful NEH Grant Terminations

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On May 12, the Authors Guild and several individual grantees filed suit in the Southern District of New York challenging the abrupt termination of National Endowment for the Humanities (NEH) grants, including the Public Scholars and Summer Stipends grants. By way of background, the most important claim in the case is that the NEH engaged in unconstitutional viewpoint discrimination in violation of the First Amendment. On July 25, the court granted a preliminary injunction on this claim, blocking the repurposing of those funds, and Judge Colleen McMahon has been notably attentive and engaged with the issues raised.

The case is now entering discovery. Based on Judge McMahon’s rulings thus far and statements at a recent hearing, we believe she has made clear that she expects discovery to shed light on the rationale and process behind the grant terminations, including whether viewpoint discrimination played a role. Importantly, the judge noted that this phase of discovery will not only involve the NEH, but is also allowed to extend to related decision-making at DOGE and the White House. This is an opportunity to shed light on the process that led to the grant terminations. She also indicated that the court may ultimately be able to award monetary relief, but likely only once the case is fully resolved. 

In the meantime, grantees are encouraged to continue to work on their projects to the extent possible. The NEH has been resolute that it will not release additional funds while the litigation is pending, but grantees may still inquire about the status of their existing grant awards and any partial payments already obligated to apply pressure.

We will continue to update our members on this case as it progresses.