CAIR and CAIR-Florida Will Appeal Federal Court Decision Denying Relief from Florida’s Unconstitutional "Terrorist" Designation Regime
TALLAHASSEE, Fla. — The Council on American-Islamic Relations (CAIR) and its Florida chapter, CAIR-Florida, will appeal a Wednesday night ruling by the U.S. District Court for the Northern District of Florida that denies their request to reverse Florida officials’ “terrorist” designation of the two civil rights organizations. According to Chief Judge Allen C. Winsor, the plaintiffs are unlikely to succeed at this stage on their claims that the designations under HB 1471, a new and unprecedented state law, violate their due process and First Amendment rights. However, the judge issued a narrow form of preliminary relief, holding that Florida prosecutors cannot enforce the law’s penalties against plaintiffs, their employees, or third parties with respect to the provision of legal services to the groups.
While Chief Judge Winsor’s ruling does not resolve the case, address all claims in it, or make factual findings about Florida officials’ allegations against the Muslim civil rights groups, which the groups maintain are baseless, the designation takes effect today, November 5. As a result, CAIR and CAIR-Florida are forced to shut down their advocacy and operations in the state.
“Florida’s new law has profoundly disturbing parallels to authoritarian states, in which political leaders silence and punish dissent without due process,” said Hiba Rahim, executive director of CAIR-Florida, before the shutdown went into effect. “Governor DeSantis and other officials have unilaterally branded Muslim nonprofits as ‘terrorist’ with devastating consequences for our rights, our supporters, and the communities we serve. CAIR-Florida categorically rejects Florida officials’ baseless designation of us. Nevertheless, we are heartbroken that we have no choice but to close our doors to protect our staff and people of all faiths who support our work. Years ago, when Alabama banned the NAACP from operating in the state, the U.S. Supreme Court ultimately issued a landmark decision protecting every American’s freedom of association. We trust that the courts in our case, too, will ultimately uphold the fundamental rights we are entitled to as Americans and the constitutional freedoms that protect every one of us.”
The impact on the Floridian communities CAIR and CAIR-Florida serve will 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.
As the ACLU explained in court last month, CAIR and CAIR-Florida’s devastating designation under the new Florida law is unjustified. Neither group has ever been charged, let alone convicted of, any crime. If Florida 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.
“Today’s ruling is deeply disappointing and we are appealing it. Our clients’ challenge to Governor DeSantis’s grave abuse of authority continues,” said Ashley Gorski, senior counsel with the ACLU’s National Security Project. “Today’s decision upholds state officials’ sweeping power to punish American organizations they brand as ‘terrorist,’ without due process and in violation of the First Amendment. Florida officials have been relentless in seeking to silence our clients’ civil rights work and advocacy, damaging not only them but also their community. We cannot allow this dangerous and sweeping censorship regime to stand.”
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. Once a designation becomes effective, an organization’s lawful, constitutionally protected speech and association are immediately rendered illegal and impossible. 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.
According to Chief Judge Winsor, while the groups did not succeed in demonstrating that their freedom of association had been unconstitutionally restricted or that the designation regime was an unlawful “prior restraint” on speech, the state’s attempt to criminalize the provision of legal advice to CAIR and CAIR-Florida was a content-based restriction of speech that likely violated the First Amendment. “The State has no meaningful interest in denying Plaintiffs’ legal counsel,” the court said.
Concerning due process, the court recognized that Florida’s new designation regime is “novel—and perhaps unprecedented,” but said that the plaintiffs had not demonstrated that the state-level appeal procedures were constitutionally inadequate. The court also held that the plaintiffs did not show that the designation was a form of criminal punishment, as opposed to a civil remedy.
“Today, for the first time in over twenty years, Florida Muslims cannot call their community’s leading civil rights organization for help if they experience a hate crime at their mosque, illegal discrimination in the workplace, violent bullying in school, or any other acts of bigotry,” said Edward Ahmed Mitchell, National Deputy Director at CAIR. “The Constitution’s guarantees of free speech and due process apply to every inch of our nation, including Florida. The unprecedented notion that Governor DeSantis has the power to punish an American civil rights organization for its speech and unilaterally force the closure of its doors without due process is an affront to the Constitution. We look forward to appealing this initial ruling so that we can protect the rights of everyone in the State of Florida. Although this is a tragic day for the people of Florida, our struggle to protect the U.S. Constitution is just beginning and we are confident that the rule of law will ultimately prevail, God willing.”
“We are dismayed by this ruling,” said Scott McCoy, deputy legal director, Southern Poverty Law Center (SPLC). “A law that allows officials unjustly to brand a civil rights nonprofit with such a grievous label and expose it, and anyone who supports it, to life in prison with no hearing and no trial, threatens every Floridian’s constitutional rights. Our commitment to CAIR, CAIR-Florida and the communities they serve has not changed, and we will continue fighting this unconstitutional law throughout this case and on appeal.”
“The court’s decision at least recognizes that an organization cannot be prosecuted for participating in its own legal defense, contrary to the state’s dystopian law,” said Daniel Tilley, legal director of the ACLU of Florida. “CAIR-FL has already been forced to shut its doors in Florida, cutting off Floridian Muslims and others who relied on its services. No nonprofit engaged in First Amendment-protected activity should face this kind of harm without due process. We stand with CAIR and CAIR-FL and will appeal this decision. Our commitment to challenging this dangerous and arbitrary designation has not wavered.”
On Wednesday night, the defendants also stipulated that they would not prosecute (a) employees, board members, and third parties for their good-faith and reasonable involvement in the groups’ two legal challenges to Florida officials’ designations, or (b) good-faith and reasonable actions undertaken to comply with state and federal legal obligations. As a result, these legal and compliance activities may continue as the litigation moves forward.
CAIR and CAIR-Florida are represented by the ACLU, ACLU of Florida, the SPLC, and Bondurant Mixson & Elmore LLP.
The injunction order can be viewed here.
Court Case: CAIR-Foundation, Inc and CAIR Florida, Inc. v. DeSantis et al.
Affiliate: Florida