Last December, DeSantis followed the lead of Texas Gov. Greg Abbott and designated the Council on American-Islamic Relations and the Muslim Brotherhood as “foreign terrorist organizations.”
“Florida agencies are hereby directed to undertake all lawful measures to prevent unlawful activities by these organizations, including denying privileges or resources to anyone providing material support,” DeSantis said.
That came less than a month after Abbott declared members of CAIR and the Brotherhood as “radical extremists” operating “foreign terrorist” and “transnational criminal” organizations now prohibited from owning property in the state.
Abbott’s proclamation said the groups are bent on imposing Sharia law around the world and represent Hamas’ attempt to “regenerate itself” in the U.S.
Mark Walker
CAIR filed suit against both governors. The Texas case is still pending, but on March 4, U.S. District Judge Mark E. Walker said the First Amendment bars DeSantis from using an executive office to make a political statement at the expense of others’ constitutional rights.
The injunction stops the executive order’s enforcement while the lawsuit moves forward.
“The question before this court is whether the governor can, in a non-emergency situation, unilaterally designate one of the largest Muslim civil rights groups in America as a ‘terrorist organization’ and withhold government benefits from anyone providing material support or resources to the group,” Walker wrote.
DeSantis and Abbott — and their proxies — have been accused of fomenting anti-Muslim bias by stoking fears of Muslims imposing Sharia law when there is no evidence of such happening. Anti-Muslim sentiment has been on the rise among conservative evangelicals and Republicans.
CAIR responded in the Florida lawsuit by saying it always has condemned terrorism and violence.
On Wednesday, Judge Walker affirmed the claims brought by CAIR Legal Defense Fund, the Southern Poverty Law Center, Akeel and Valentine and the Muslim Legal Fund of America.
He wrote: “Plaintiff has been publicly designated a terrorist organization from Florida’s bully pulpit and continues to suffer for it. Plaintiff’s speech injury is concrete and neither speculative nor conjectural.”
Scott McCoy, deputy legal director for SPLC, said: “Today’s ruling is a decisive victory for the Constitution and for the principle that no governor can place themselves above the law. Gov. DeSantis attempted to wield the power of his office to smear a civil rights organization, silence its advocacy and intimidate those who support it. The court rightly rejected that abuse of power.
“This executive order was never about public safety; it was about targeting a Muslim organization for its speech and its advocacy. The court’s ruling makes clear that the Constitution does not allow elected officials to punish organizations or individuals simply because they disagree with their views.”
