(The Center Square) – A U.S. District Judge in Florida has granted a preliminary injunction halting an executive order Gov. Ron DeSantis issued labeling the Council on American-Islamic Relations a foreign terrorist organization (FTO).
In December, DeSantis issued an executive order, “Protecting Floridians from Radical Islamic Terrorist Organizations,” designating CAIR as an FTO. The order prevents CAIR or “any person known to have provided material support or resources” to CAIR “from receiving any contract, employment, funds, or other benefit or privilege” from executive or cabinet agencies or from any county or municipality of the state.
CAIR-Foundation and CAIR-Florida sued in U.S. District Court Northern District of Florida Tallahassee Division, arguing the order violates its First Amendment right to free speech. The order discriminates against its viewpoint, retaliates against protected speech and coerces third parties to disassociate from CAIR, it argued.
Judge Mark Walker agreed, granting CAIR’s request to block DeSantis’ order from going into effect, arguing the order is unconstitutional.
“The Constitution protects Plaintiff’s speech just as it protects any other organization’s lawful speech from suppression by governmental coercion of third parties. And Defendant has violated Plaintiff’s rights by targeting it in his EO and threatening any who wish to provide material support or resources to Plaintiff with government consequences. This the First Amendment does not permit,” Judge Walker concluded in a 30-page order.
He also said CAIR has shown a substantial likelihood of succeeding in its case based on the merits.
The ruling is a potential foreshadowing of another expected ruling in Texas where CAIR has also sued Texas Gov. Greg Abbott after he issued a similar executive order last November. Abbott designated CAIR and the Muslim Brotherhood and affiliated organizations as FTOs and transnational criminal organizations under Texas penal and property codes. In response, CAIR sued, arguing the designation was unconstitutional.
Abbott also took a series of other actions, including directing law enforcement and state agencies to launch investigations into CAIR, called on the U.S. Treasury Department and attorney general to suspend their nonprofit status, and is leading an effort to ban Sharia law in Texas. AG Ken Paxton has also sued CAIR and the state comptroller has halted Islamic school applications related to Texas’ new school choice program, The Center Square reported.
In the Texas case, the parties are involved in discovery on the motion for a preliminary injunction. While no ruling is expected in the case in the near future, the case followed a different process than that in Florida.
While DeSantis claimed last year that he welcomed a lawsuit from CAIR and the state would obtain information through discovery, this didn’t occur. The parties didn’t engage in discovery and the case was fully briefed, Walker notes in his ruling. No hearings were held and CAIR filed a formal motion for preliminary injunction in January. Two months later, the judge granted CAIR’s motion.
CAIR Litigation Director and General Counsel Lena Masri and CAIR-Florida Executive Director Hiba Rahim praised the ruling.
“As we said when Governor DeSantis first issued his lawless proclamation, no governor has the right to violate the Constitution by unilaterally declaring an American organization whose speech he dislikes a ‘terrorist’ group and then punish them and their supporters, all without due process,” they said. “The right to free speech is one of the Constitution’s most fundamental guarantees. CAIR and CAIR-Florida will, God willing, continue to stand as a shield for the American Muslim community and defend free speech, religious freedom and due process for everyone in our nation.”
DeSantis has yet to issue a response but is expected to appeal.
