CAIR and CAIR-Florida Urge Court to Temporarily Block Unconstitutional Terrorism Designation Before More Harm is Done
Unless the court intervenes, the civil rights groups will have to shut their doors in Florida on November 5
TALLAHASSEE — The U.S. District Court for the Northern District of Florida heard arguments today in a lawsuit challenging Florida officials’ baseless and unconstitutional designation of the Council on American-Islamic Relations (CAIR) and its Florida chapter as “domestic terrorist organizations.” Unless the court intervenes to prevent it, the largest Muslim civil rights organization in the country will have to shut their doors in Florida on Nov. 5.
“CAIR and CAIR-Florida are critical resources that people and institutions across Florida rely on to protect civil rights and liberties, and all we want to do is get back to that important work,” said Hiba Rahim, executive director of CAIR-FL. “Florida’s new law silences free speech, criminalizes association, and eradicates due process, and we are hopeful that the court will act to safeguard our constitutional rights. History reminds us that our country has endured dark chapters, but also that people who refused to accept injustice moved us closer to our founding ideals.”
At today’s hearing, the American Civil Liberties Union (ACLU) urged the court to grant emergency relief for the organizations, explaining the instant and debilitating harm CAIR and CAIR-FL will face if the court does not rescind the designation and stop it from going into effect. In the alternative, they are asking the court to prevent Florida state prosecutors from enforcing the law’s harsh criminal penalties against the nonprofits and third parties who associate with and support them.
As the ACLU argued in court, CAIR and CAIR-Florida have done nothing to deserve this devastating designation. The state has never indicted, much less convicted, either CAIR or CAIR-Florida under any criminal law — and certainly not a criminal law involving the serious charge of terrorism. If the state tried to do so, it would fail. The reason is simple: Neither CAIR nor CAIR-Florida is engaged in terrorist activity, and the state would be unable to prove its case to a jury in a court of law.
“Florida’s new law is an unprecedented abuse of state authority,” said Ashley Gorski, senior counsel with the ACLU’s National Security Project. “It gives state officials sweeping power to punish American organizations they brand as ‘terrorists,’ without due process and in violation of the First Amendment. We’re asking the court to block this unconstitutional law and ensure that our clients’ crucially important civil rights work serving Floridians is not silenced.”
Once a designation becomes effective, an organization’s lawful, constitutionally protected speech and association are immediately rendered illegal and impossible. Under HB 1471, five Florida executive officials have the power to designate and debilitate U.S. groups — including nonprofits engaged in First Amendment-protected advocacy — without filing charges, initiating judicial proceedings, proving their case beyond a reasonable doubt, submitting the case to a jury, or complying with any of the other required constitutional protections of the criminal legal system. An elaborate set of prohibitions makes it a serious crime for the targeted American organization to do virtually anything in the state, and for others to work for or otherwise actively associate with or support the designated group. The consequences of violating these prohibitions are severe, including up to life imprisonment.
“Florida’s designation of CAIR and CAIR-Florida flies in the face of fundamental rights guaranteed to all Americans by the Constitution,” said Scott McCoy, deputy legal director at SPLC. “All Floridians should be concerned that this law allows Florida officials to do an end run around the Constitution, shut down disfavored speech and advocacy, and impose draconian criminal penalties. If they are permitted to do it to these civil rights nonprofits, what’s to stop them from doing it to any Floridian with whom they disagree?”
The impact on the Floridian communities CAIR and CAIR-Florida serve would also be immense. CAIR-Florida provides a range of pro bono legal services to Florida residents, including those who suffer government and workplace discrimination in violation of their civil rights, as well as those navigating the immigration system.
“The state does not get to decide whose speech is constitutionally protected or whose due process rights deserve respect. The Constitution decided that long ago,” said Daniel Tilley, legal director of the ACLU of Florida. “And Florida must not strip CAIR and CAIR-FL of their ability to advocate and organize for the civil rights of Floridian Muslims. This dangerous designation regime, crafted by the DeSantis administration, seeks to criminalize protected speech, plain and simple — and with no regard for the harm it causes to the thousands of people our clients support and serve. We are proud to stand with our clients against this abuse of state power.”
CAIR and CAIR-Florida are represented by the ACLU, ACLU of Florida, the Southern Poverty Law Center, and Bondurant Mixson & Elmore LLP.
This press release can be found here: https://www.aclu.org/press-releases/cair-and-cair-florida-urge-court-to-temporarily-block-unconstitutional-terrorism-designation-before-more-harm-is-done