The ACLU's Connecticut litigation arm and five other legal advocacy groups cannot file friend-of-the-court briefs in former Yale University student Saifullah Khan's defamation case against 16 others that filed a rejected amici brief in a separate state Supreme Court matter, a state appeals court has ruled.

In a Tuesday order, the intermediate Connecticut Appellate Court denied a bid by all six organizations to collectively weigh in on whether the litigation privilege protects court filings from defamation claims. The appellate court denied the groups' June 30 application without providing detailed reasoning. 

The advocacy groups had urged the court to accept their guidance, arguing that their experience would help inform the court and that the issue was too important to sit out.

"If the court holds that the litigation privilege does not apply to amicus briefs, proposed amici will have to weigh the threat of costly and distracting collateral litigation before filing amicus briefs," the nonprofits said, adding that "a decision in this matter will affect their continued advocacy."

Aside from the ACLU's local litigation arm, the Brady Center to Prevent Gun Violence, the Giffords Law Center to Prevent Gun Violence and Americans United for Separation of Church and State joined the petition. Women's rights organization Her Justice and youth advocacy group Children's Rights rounded out the six entities seeking to make their position known.

The litigation privilege is "is consistent with both Connecticut law and sound public policy," the groups said they would argue.

Khan appealed Jan. 15 after losing a defamation case against 14 other nonprofits, a lawyer and a law firm over language they used to describe him in an amicus filing rejected by the Connecticut Supreme Court.

Khan argued that a superior court judge "improperly extended the litigation privilege — designed to protect parties, witnesses, and attorneys directly involved in litigation — to proposed amici who were denied permission to file their brief until the defamatory statements were removed."

The 14 organizations accused of defaming Khan via the rejected brief are Jewish Women International, Legal Momentum, Chicago Alliance Against Sexual Exploitation, Connecticut Coalition Against Domestic Violence Inc., Futures Without Violence, National Alliance to End Sexual Violence, National Crime Victim Law Institute, National Network to End Domestic Violence Inc., National Women's Law Center, Volare, Women's Law Project, Advocates for Youth, National Coalition Against Domestic Violence and Sanctuary for Families Inc.

Also named as defendants are The Fierberg National Law Group PLLC of Michigan and Minnesota-based attorney Jennifer M. Becker, who holds a Connecticut law license.

Khan's attorney on Wednesday declined to comment on the court's refusal to accept the amici brief.  The ACLU of Connecticut also declined to comment.

Khan has been embroiled in state and federal trial and appellate court litigation since a then-fellow Yale student accused him of sexual assault. He was acquitted after a Connecticut Superior Court criminal trial, but Yale expelled him after an internal disciplinary proceeding at which the accuser testified.

Khan then sued the accuser, claiming she defamed him. He also accused Yale and several employees of failing to protect his civil rights. A Connecticut federal judge threw out that defamation case, but the Second Circuit revived it after asking the state Supreme Court for help.

The Second Circuit's certified question to the Connecticut Supreme Court is where the allegedly defamatory amicus brief was filed. According to Khan, the brief defamed him because it assumed his accuser's claims were true. He has long maintained that he and his accuser had consensual sex.

The Connecticut Supreme Court agreed that Yale's proceedings didn't contain the traditional hallmarks of litigation, such as a transcript, cross-examination or the right to counsel, and therefore were not protected by privilege.

The case returned to federal court, where it remains ongoing.

Khan has also asked multiple courts for permission to release a transcript of his acquittal to federal authorities in an immigration matter.

The six proposed amici are represented by Steven M. Frederick and Zachary J. Phillipps of Wofsey Rosen Kweskin & Kuriansky LLP and Emilie B. Cooper, Anne S. Aufhauser, Shira D. Sandler, Basem H. Besada, Gabriella Carnazza and Jamie Spence of Fried Frank Harris Shriver & Jacobson LLP.

Khan is represented by Alexander T. Taubes.

Jewish Women International, Legal Momentum, Chicago Alliance Against Sexual Exploitation, Connecticut Coalition Against Domestic Violence Inc., Futures Without Violence, National Alliance to End Sexual Violence, National Crime Victim Law Institute, National Network to End Domestic Violence Inc., National Women's Law Center, Volare and Women's Law Project are represented by Shipman & Goodwin LLP and Willkie Farr & Gallagher LLP.

Advocates for Youth is represented by Sharon Baldwin of David G. Hill & Associates LLC.

Fierberg National Law Group PLLC is represented by Diserio Martin O'Connor & Castiglioni LLP.

Becker is represented by Shipman & Goodwin LLP.

The case is Khan v. Jewish Women International et al., case number AC 48383, in the Connecticut Appellate Court.

--Editing by Rich Mills.