According to a Reason post by the Volokh Conspiracy quoting an opinion by Chief Judge Allen Winsor of the Northern District of Florida, Florida's Governor and Cabinet designated CAIR-Foundation and CAIR-Florida as domestic terrorist organizations under a new state law. The designations take effect November 5, 2026. The law makes knowingly providing material support, including "expert advice," a first-degree felony. The court found the plaintiffs likely to succeed in showing the provision violates their First Amendment rights as applied to receiving legal services, noting that state officials had not shown the restriction was the least restrictive means. The court rejected the due process claims, the association claims, and other claims at this stage. Defendants say the groups are fronts for Hamas and the Muslim Brotherhood; the plaintiffs deny this. A Florida Department of Law Enforcement rule said it would not pursue prosecution based solely on certain legal support. The judge said that rule did not bind state attorneys.
Why it matters
The ruling limits how a state may apply a criminal law that reaches speech such as legal advice to groups it designates as terrorist organizations. The court said the plaintiffs showed the designations would essentially close all their Florida operations.
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