A person with short, curly dark hair poses in front of a plain beige background, wearing large hoop earrings and a black top with a light-colored accent on one shoulder.

Elly Brinkley

Staff Attorney, Free Expression Programs

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.


Articles by Elly Brinkley

A man in a prison uniform speaks on a phone behind glass, with his hand showing tattoos. The background is a collage of green and blue with butterfly and postage mark illustrations.
U.S. Free ExpressionPrison and Justice Writing
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.

Black and white image of a smiling man in a suit and tie. The text reads “JIMMY Kimmel” with “CENSORED” stamped in red over “Kimmel.” Editorial credit is given at the bottom right.
U.S. Free Expression
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.

A grayscale image of a man in a suit with multiple semi-transparent speech bubbles and scribbles over his face. The background is black. “Photo Credit: Gage Skidmore” appears in the upper right corner.
U.S. Free Expression
Monday September 15

Charlie Kirk’s Murder Spurs McCarthy-Esque Crackdown On Free Expression

These are well-worn tactics of intimidation, designed to chill speech and exert control over the public marketplace of ideas.