Students for Fair Admissions, Inc. v. President and Fellows of Harvard College et al

Filing 150

Letter/request (non-motion) from Students for Fair Admissions . (Attachments: # 1 Affidavit Ex A, # 2 Exhibit Ex B, # 3 Affidavit Ex C, # 4 Affidavit Ex D, # 5 Affidavit Ex E)(Consovoy, William)

EXHIBIT
 D

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS

STUDENTS FOR FAIR ADMISSIONS, INC.,
Plaintiff,

v.

Civil Action No.
1:14-cv-14176ADB

PRESIDENT AND FELLOWS OF HARV ARD
COLLEGE (HARVARD CORPORATION),
Defendant.

DECLARATION OF ABIGAIL FISHER
Abigail Fisher, pursuant to 28 U.S.C. § 1746, declares the following:
1.

I am a member of Students for Fair Admissions, Inc. ("SFFA") and serve

on its Board of Directors.
2.

I am also one of the original plaintiffs in the case Fisher v. University of

Texas at Austin, No. 08-CV-263 (W.D. Tex.), which is currently pending before the
Supreme Court of the United States.
3.

As a direct result of my involvement in that case, I have endured

consistent harassment since 2008. Over the last eight years, writers and commentators
have hounded me, my parents, and my friends about the case.
4.

I am the frequent subject of negative articles disseminated globally

through the Internet. See, e.g., Hillary Crosley Coker, "Noted Dummy Abigail Fisher's
Rights

Weren't

Violated,

Rules

Court,"

Jezebel.com

(July

16,

2014),

http://goo.gl/M96073; Tom Scocca, "The White Student Suing to Overthrow Affirmative

Action Was Too Dumb to Get Into Her Chosen School," Gawker.com (Mar. 20, 2013),
http://goo.gl/YZfm9E.
5.

Strangers have frequently sent threats, insults, and other negative

messages to me on social media platforms such as Twitter, Facebook, and Linkedln due
to my participation in the lawsuit.
6.

For example, there is an ongoing Twitter campaign attacking me using the

"hashtag" #StayMadAbby. Thousands of people have sent tweets under this hashtag,
many of which publicly question my character, accuse me of being racist and entitled,
threaten me, and otherwise demean me in very vulgar terms. Some examples include:
a. ''#StayMadAbby ... bitch kill yourself';
b. "Abigail Fischer [sic] is a good example of someone who needs to fall
over and die because of ignorance and entitlement. #StayMadAbby";
c. "someone will punch Abigail Fisher be I. her face is punchable, 2. she's
stupid 3. She thinks too high of herself 4. She's racist."
d. "I hope this bitch Abby stays mad to her grave smh #StayMadAbby";
e. "#StayMadAbby somebody bum that bitch?";

f. "#StayMadAbby Dear Bitch, If you're stupid of course you aren't going
to get into a school. Dumb ass racist.";
g. "Stay mad you pathetic bitch #StayMadAbby";
h. "LOOL

Abigail Fisher and her white entitlement,

BYE HOE.

#StayMadAbby #Abigail Fisher";
1.

"Fuck you Abigail Fisher. Your white privilege and mediocrity do not
grant you college admissions, BYE. #StayMadAbby";

2

J. "This hashtag is great. Abby dumb as hell for this whole case. Bitch go

to another school tf. #StayMadAbby";
k. "this #staymadabby bitch is an embarrassment. i can't believe how far
its been taken in court, fuck her.";
I. #StayMadAbby is this bitch for real? She doesn't get into a college &

her instinct is to blame black people like sit the fuck down & shut up";
m. "And who is this bytch ABBY? You thought just because you white,
you can get into ANY college you want? LMFAOOO U DUMB HOE
#StayMadAbby";
7.

I am also frequently recognized at restaurants, bookstores, grocery stores,

and other public places in Austin, Texas where I live. Strangers sometimes approach me
to give their negative opinion of my case or to express hostility toward me generally. This
makes me feel uneasy at times even to go out into public.
8.

Reporters have repeatedly hounded my friends and family for their

opinions about me and my case. Even my teammates on my bowling team at Louisiana
State University received inquiries from the press. This harassment made me feel like a
burden on my friends and family.
9.

The negative publicity has also burdened me in my professional life.

During the second week at my current job, a man I did not know came to my desk,
pointed at my picture in a local newspaper, and asked in an aggressive tone, "Is this
you?" This encounter made me feel uncomfortable at a new job.
10.

The sales team at my company, a group of about 30 people, held three

separate meetings to discuss a Facebook-based discussion that was going around the

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office about me and the case. Ultimately. management forced the sales team to stop the
discussion. This incident was a distraction at work.
11.

Overall, my experiences have often led me to second-guess my

involvement in the case and as an advocate against unlawful affirmative action policies. I
understand why members of SFFA would be afraid if their identities were disclosed, and
I believe that many members of SFFA would limit their communications and
participation within the group if they believed that their names, communications, and
contributions were forced to be disclosed.
12.

As a board member of SFFA, I hope that I can help other members who

wish to be involved in SFFA's mission and to fight against discrimination but who may
have legitimate concerns about their names becoming disclosed. I understood that being a
plaintiff came with risks, but it would not be fair for someone who expected
confidentiality and did not volunteer for a public role to endure anything like what I have
gone through because of my participation in the Fisher case.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on this day, Apritn,

2016.

Abigail Fisher

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