Elly Brinkley is the Staff Attorney of Free Expression Programs at PEN America. Previously, she was an impact litigation intern at Housing Works and the ACLU’s Project on Speech, Privacy, and Technology. She was also a member of the Technology Law and Policy Clinic. Brinkley has been an activist and organizer for both domestic and international LGBTQ+ rights. She holds a J.D. from NYU School of Law, an A.B. in Philosophy and Studies of Women, Gender and Sexuality from Harvard College, and an M.A. in Arts Politics from NYU Tisch School of the Arts.

Elly Brinkley
Staff Attorney, Free Expression Programs
Articles by Elly Brinkley
Monday April 27
Texas Used James Broadnax’s Lyrics to Sentence Him to Death
James Broadnax is set to be executed in Texas on April 30, a sentence that relied extensively on 40 pages of rap lyrics he wrote. In other words, the state used Broadnax’s artistic expression to condemn him to death.
Friday September 19
Does the First Amendment Protect Your Speech on the Job?
It’s easy for the distinction between public and private actors to get blurred when a culture of censorship and fear is so pervasive.

