Legal Director

PEN America, a nonprofit organization working at the intersection of literature and human rights, seeks a motivated senior attorney with experience developing and litigating First Amendment and related free expression cases to serve as Legal Director. The Legal Director will play a leading role in developing PEN America’s legal advocacy program, working in collaboration with program team leaders to create and implement strategic goals. They will direct and oversee PEN America’s use of litigation as an important advocacy tool, particularly where the organization has a unique value-add and can have impact. They will direct the litigation docket, while also advising and counseling the organization on the laws and policies relevant to its broader free expression work. The Legal Director will supervise a small staff, currently consisting of one staff attorney, with the potential to add a legal fellow. This is a full-time position based at PEN America’s New York City headquarters and reports to the Chief Program Officer, Free Expression.

The Legal Director will work closely with the organization’s program staff, especially the free expression programs department, to defend freedom of expression through legal advocacy, advancing the program teams’ work to defend the rights to read, write, and learn, and lifting the voices of the organization’s core constituencies, including literary writers, journalists, librarians, scholars, and educators. The organization has dedicated, but still limited, resources to support its emerging legal advocacy program.

PEN America defends writers and protects free expression in the United States and abroad. It is the leading organization fighting book bans in the U.S., which includes generating foundational research and tracking relied upon by experts, policy-makers, and journalists throughout the country. In furtherance of its goals, PEN America wishes to expand and carefully target its legal advocacy across the country. PEN America, a membership organization of writers, has already participated in litigation in state and federal courts, at times as a plaintiff, other times as an amicus, as well as in an expert capacity. To a lesser degree, it also has been involved in federal, state and local executive and regulatory proceedings. It has also lobbied in Congress and in state legislatures on issues affecting book bans and higher education.

Lawyers on PEN America’s staff have worked closely with outside counsel in bringing and prosecuting litigation. The organization also has an active amicus practice to ensure its perspective and deep research in areas involving censorship, such as book bans and higher education gag orders, can inform and influence significant cases. It has also filed amicus briefs and otherwise worked to defend the rights and values of cultural expression and international cultural exchange, consistent with the principles set forth in the PEN Charter, including bringing the organization’s expertise to bear in cases where immigration laws and regulations are used to restrict and censor the unhampered exchange of ideas across borders. The Legal Director and staff attorney at times will draft amicus briefs in-house, sometimes work with pro bono outside counsel, and at times join as a co-signatory on briefs drafted by other organizations. PEN America’s 2025 legal docket can be found here, including information regarding two book federal ban cases in Florida and Tennessee respectively, in which the organization is a plaintiff.

In this role, the Legal Director can expect to lead work that is impactful on a national level. The Legal Director will also lead in coordinating relationships with outside counsel and other organizations and individuals who may become involved with PEN America’s legal advocacy; they will also coordinate any relationships with broader coalitions advancing similar agendas through the courts. They will serve as the most senior internal legal resource for PEN America staff on free expression matters, which may include providing training and other resources, and providing pre-publication review of relevant materials. They will assist the Managing Director of U.S. Free Expression Programs in determining strategic and programmatic priorities and will have a public-facing role as a spokesperson for the organization’s legal advocacy and positions.

The successful candidate will be an attorney with a minimum of seven to ten years of litigation experience in the area of free expression law. They will have a demonstrated track record in developing and playing a leading role in impact litigation. Experience in other relevant legal and policy areas is a plus. They will be an energetic self-starter with connections in the field of First Amendment/free expression law and policy; a record of productive collaboration with other counsel, clients, and colleagues; a strong interest in working with writers of all kinds; an ability to help recruit for cases; and the capacity to convey legal analyses and strategies to lawyers and non-lawyers alike. They will have exceptional legal verbal and writing skills, the ability to scope and deliver on projects with multiple moving parts, and must demonstrate the highest commitment to legal ethics and professionalism. They will have experience supervising and developing junior attorneys.

In alignment with PEN America’s current policy, all applicants should be available to report to the office at least three days per week. This policy is subject to change.

RESPONSIBILITIES:

• Lead PEN America’s legal advocacy team, with overall responsibility for managing PEN America’s direct litigation and amicus docket, including discovery, motion practice, relationships with co-counsel and member-writers involved with PEN America in any litigation (in coordination with Membership team); includes recruitment of pro bono counsel
• Play a lead role in developing PEN America’s legal advocacy program, including overarching strategy and litigation priorities that support and advance the organization’s goals and priorities, in consultation with program colleagues and organizational leadership
• Serve as a key point of contact for prospective legal/litigation opportunities (including proactive outreach) and track and help drive internal analysis and decision making about such opportunities
• In collaboration with the staff attorney, serve as public spokesperson on PEN America’s legal advocacy and as the organization’s expert voice on broader legal developments in the free expression field.
• Represent PEN America, as appropriate, in coalitions and partnerships with a focus on legal advocacy
• In conjunction with the staff attorney, serve as a primary point of contact for PEN America staff with respect to the organization's legal advocacy
• Provide general in-house First Amendment expertise to programmatic staff, including legal review and analysis for PEN America advocacy work, such as for reports, blogs and statements
• Assist the Sy Syms Managing Director of U.S. Free Expression Programs in determining strategic and programmatic priorities, while bringing their legal expertise to bear on the development of organizational principles and positions
• Collaborate with the Development team to support fundraising for legal advocacy program
• If appropriate, determine if and when creation of a legal externship and fellowship program or other program seconding lawyers to PEN America is desirable and feasible

All PEN America staff are considered to be stakeholders in the development of the organization’s shared organization. As such, staff play a role in varied activities within the workplace as part of their job responsibilities. These may include committees or task forces to work on office issues, diversity and inclusion, strategy projects, training or other initiatives.

QUALIFICATIONS:

• Juris Doctor degree, admission to practice law in one or more jurisdictions, attorney in good standing
• Minimum of seven to ten years of litigation experience in First Amendment/free expression-related areas
• Demonstrated track record developing and playing a lead counsel role in impact litigation
• Ability to successfully lead a legal program and develop junior attorneys
• Excellent research and writing skills, both in terms of legal writing and for general audiences, and strong verbal skills
• Ability to work in a fast-paced environment on multiple projects with many moving parts
• A track record of showing initiative and creative problem solving skills
• Demonstrated ability to navigate sensitive issues with care and conscientiousness and work effectively on issues that can be politically and socially contentious
• Ability to travel within the United States as needed and as the work demands, including on occasional weekends and off-hours
• Ability to spend long hours at the computer (e.g., for research and writing)
• Must be able to provide valid proof of U.S. work authorization
• Commitment to PEN America’s mission, centered on the celebration and defense of free expression for all. Willingness to defend the right to engage in speech that may be offensive and discomfiting and that reflects a wide range of political opinions and ideologies. PEN America promotes open and respectful dialogue across difference, and we work to allow a diversity of perspectives to flourish.
• Commitment to PEN America’s advocacy and support for writers, artists and their allies around the world, without regard to the ideology or actions of their country's government

Salary and Benefits: PEN America offers competitive compensation and full benefits. The salary range for this position is $145k-170k, commensurate with experience. Candidates whose expectations are outside this range are welcome to apply, as PEN America is open to considering talented individuals at varying stages of their careers. PEN America's benefits package includes medical, dental, and vision health insurance, paid time off, 10 paid holidays, pre-tax commuter benefits and a 403b retirement plan.

TO APPLY:

Please submit a complete application (including a cover letter, resume, and unedited writing sample) via BambooHR. Only complete applications will be reviewed, and only shortlisted candidates will be contacted.

PEN America is an equal opportunity employer that does not discriminate in its hiring practices and is committed to having a workforce that reflects the population that it serves at all levels within the organization.

No phone calls, please.

ABOUT PEN AMERICA:

PEN America stands at the intersection of literature and human rights to protect free expression in the United States and worldwide. We champion the freedom to write, recognizing the power of the word to transform the world. Our mission is to unite writers and their allies to celebrate creative expression and defend the liberties that make it possible.