Special Counsel, First Amendment

Protect Democracy is hiring an experienced Special Counsel to help protect the right to speak out, protest, and engage in other First Amendment-protected political activity.

This is a moment of existential consequence for American democracy. At this juncture, Protect Democracy stands as one of the nation’s leading and most respected nonpartisan organizations dedicated to preventing our democracy from further declining into authoritarianism. This role is a unique opportunity to jump into the work of ensuring that communities can continue to speak out and engage politically despite the increasing use of the military, federal law enforcement, and other levers of federal power to quash protests, quell dissent, and intimidate political opponents. Joining a newly formed team, you will build on Protect Democracy’s litigation to defend peaceful protest against abusive DHS tactics in Chicago and Portland and expertise on the domestic use of military force.

The ideal candidate for this role is an experienced First Amendment attorney with at least 15 years of experience. You bring not only deep subject matter expertise, but also entrepreneurial legal instincts, a flexible and diverse advocacy skillset, and a broad network of relationships. For candidates with fewer than 15 years of experience, we are also hiring for a First Amendment Counsel.

At Protect Democracy, we believe that diversity isn’t just a strength—it’s a necessity for tackling the complex challenges facing our country today. We strongly encourage candidates from diverse backgrounds and from across the political and ideological spectrum to apply. We will consider applicants from almost anywhere in the United States.* If you meet most but not all of the criteria listed below but believe nonetheless you’d be a stellar match for the role and could grow into it, we want to hear from you. The priority deadline to apply for this role is December 7, 2025. We are looking to fill this role by early February 2026.

As Special Counsel, you will:

• Develop, influence, and drive complex, high-stakes litigation projects with significant communications and/or advocacy components.
• Research and devise innovative legal arguments and potential litigation approaches;
• Deepen organizational expertise and status as thought leaders on critical legal and policy issues relating to the First Amendment and free speech;
• Research, draft, and edit pleadings, motions, and other briefs filed in impact litigation;
• Participate in and manage discovery processes, including informal fact-finding and evidence gathering, document review, witness interviews, written discovery practice, depositions, and expert discovery;
• Collaborate with the communications team to draft editorials and opinion pieces and develop communication strategies to build support for legal and advocacy strategies;
• Work alongside policy advocates to develop and advance legislative and other advocacy proposals;
• Contribute to culture-building initiatives across the organization.

Required:

• At least 15 years of legal experience (which can include judicial clerkships), with experience in First Amendment law;
• Bar membership in good standing in the jurisdiction of your residence;
• Available to start at Protect Democracy no later than February 9, 2026.

Preferred, but not required:

• Experience in impact litigation or representing plaintiffs in civil litigation;
• Experience supporting policy advocacy.

The ideal candidate also brings:

• A passionate commitment to the preservation of democratic norms and institutions, and an understanding that our democracy has never fully represented communities of color;
• An embrace of a cross-ideological and nonpartisan approach to protecting our democracy;
• Exceptional analytical, writing, and presentation skills directed at both legal and non-legal audiences;
• Ability to track, prioritize, and—where necessary—triage a diverse set of responsibilities to use time efficiently and productively;
• Growth mindset and enthusiasm for giving and receiving feedback up, down and sideways;
• Collaborative orientation and a willingness to take on tasks big or small as needed to advance our mission;
• Enthusiasm for working with people with diverse backgrounds, experiences, and perspectives;
• Excellent, proactive project management skills and comfort managing up, down, and sideways accordingly;
• Rigorous attention to detail and the highest standards for excellence in execution.

About Protect Democracy

• Flexible location. We are a remote-first organization based exclusively in the United States, meaning our staff work within the US and primarily virtually. We also offer shared workspaces for those who enjoy working in an office environment. We are established for remote work in many states across the country, and while candidates based anywhere in the United States are welcome to apply, we may not be able to offer employment in your current location. If you proceed in the hiring process, we will discuss where you currently live and what is possible in our initial interview. All staff are also required to travel at least two times per year to team retreats, and this role also requires occasional case-related travel. . (Accommodations to this requirement will be made only in exceptional circumstances.)
• Commitment to an inclusive workplace. Protect Democracy is an equal opportunity employer. We believe that a broad range of backgrounds, perspectives, and lived experiences strengthens our ability to analyze problems, craft solutions, and drive meaningful change. Protect Democracy encourages applications from all qualified individuals without regard to race, color, religion, gender, sexual orientation, gender identity or expression, age, national origin, marital status, citizenship, disability, or veteran status.

Phenomenal benefits. Our benefits package includes generous sick leave and a flexible vacation policy where we encourage team members to take 4-5 weeks every year, along with 12 paid holidays, 6 weeks of paid family medical leave, and 18 weeks of paid parental leave. We also offer a 401(k) plan with up to 6% employer match that vests immediately. Additionally, we cover employee medical premiums at 100% (with up to 95% coverage for dependents depending on plan selection), and employee and dependent’s dental/vision at 100%. All employees have access to long-term disability and life insurance, fertility benefits, a home office stipend, and bonuses at the discretion of the Executive Director.