CAIR-Foundation, Inc. v. DeSantis
CAIR entities challenged Florida's new 'domestic terrorist organization' (DTO) designation regime (Fla. Stat. §§ 943.03102, 775.33, 874.03-.12, 617.1420 and FDLE Emergency Rule 11RER26-8) after the Governor and Cabinet designated them. The court denied preliminary relief on the due process, association, and prior-restraint theories, holding the designation is civil rather than criminal punishment and that Florida's notice-plus-written-objection process with a 30-day appeal to the Second Judicial Circuit satisfies Mathews. It granted a narrow injunction barring enforcement of the § 775.33(3) 'material support' ban insofar as it criminalizes providing or receiving legal services, finding that application content-based and not narrowly tailored.
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Key facts
- CAIR entities challenged Florida's statutory regime designating organizations as 'domestic terrorist organizations' (DTO), which was applied to CAIR by the Governor and Cabinet under Fla. Stat. §§ 943.03102, 775.33, 874.03-.12, 617.1420 and FDLE Emergency Rule 11RER26-8.
- The trial court denied preliminary injunctive relief on CAIR's due process, freedom of association, and prior-restraint claims, but granted a narrow injunction barring enforcement of the material support ban as applied to legal services.
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Why it matters
This is the first judicial construction of Florida's new DTO designation statutes and FDLE's implementing emergency rule. The holding that a DTO designation does not automatically make an organization a 'criminal gang'… — full analysis with a trial
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