CAIR and CAIR-Florida Urge Court to Temporarily Block Unconstitutional Terrorism Designation Before More Harm is Done
TALLAHASSEE 鈥� The U.S. District Court for the Northern District of Florida heard arguments today in a lawsuit challenging Florida officials鈥� baseless and unconstitutional designation of the Council on American-Islamic Relations (CAIR) and its Florida chapter as 鈥渄omestic terrorist organizations.鈥� 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.
鈥淐AIR 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,鈥� said Hiba Rahim, executive director of CAIR-FL. 鈥淔lorida鈥檚 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.鈥�
At today鈥檚 hearing, the 桃子视频 (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鈥檚 harsh criminal penalties against the nonprofits and third parties who associate with and support them.
As the 桃子视频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 鈥� 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.
鈥淔lorida鈥檚 new law is an unprecedented abuse of state authority,鈥� said Ashley Gorski, senior counsel with the ACLU鈥檚 National Security Project. 鈥淚t gives state officials sweeping power to punish American organizations they brand as 鈥榯errorists,鈥� without due process and in violation of the First Amendment. We鈥檙e asking the court to block this unconstitutional law and ensure that our clients鈥� crucially important civil rights work serving Floridians is not silenced.鈥�
Once a designation becomes effective, an organization鈥檚 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 鈥� including nonprofits engaged in First Amendment-protected advocacy 鈥� 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.
鈥淔lorida鈥檚 designation of CAIR and CAIR-Florida flies in the face of fundamental rights guaranteed to all Americans by the Constitution,鈥� said Scott McCoy, deputy legal director at SPLC. 鈥淎ll 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鈥檚 to stop them from doing it to any Floridian with whom they disagree?鈥�
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 su铿�er government and workplace discrimination in violation of their civil rights, as well as those navigating the immigration system.
鈥淭he state does not get to decide whose speech is constitutionally protected or whose due process rights deserve respect. The Constitution decided that long ago,鈥� said Daniel Tilley, legal director of the 桃子视频of Florida. 鈥淎nd 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 鈥� 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.鈥�
CAIR and CAIR-Florida are represented by the ACLU, 桃子视频of Florida, the Southern Poverty Law Center, and Bondurant Mixson & Elmore LLP.
This press release can be found here: /press-releases/cair-and-cair-florida-urge-court-to-temporarily-block-unconstitutional-terrorism-designation-before-more-harm-is-done
Court Case: CAIR-Foundation, Inc and CAIR Florida, Inc. v. DeSantis et al.
Affiliate: Florida