Texas Defends ‘Terrorist’ Designation of CAIR Amid Free Speech Challenge
Texas Attorney General Ken Paxton is defending the state’s controversial designation of the Council on American-Islamic Relations (CAIR) and the Muslim Brotherhood as foreign terrorist organizations, responding to a federal lawsuit alleging the move violates free speech rights. The legal battle, initiated after a proclamation signed by Texas Governor Greg Abbott last month, centers on claims of longstanding ties between CAIR and Islamist movements considered hostile to the United States and its allies.
The dispute arose from Governor Abbott’s proclamation, which invoked state law to label the organizations as terrorist entities. Officials cited what they described as established ideological and operational connections between CAIR and groups antagonistic to U.S. interests. CAIR, a prominent nonprofit advocating for Muslim Americans, has faced scrutiny from U.S. authorities regarding alleged links to the Palestinian militant group Hamas.
In response, the Dallas-Fort Worth and Austin chapters of CAIR filed suit against Abbott and Paxton, arguing the proclamation infringes upon their First Amendment rights to freedom of speech and association. The complaint alleges the designation “chills” their ability to operate and “retaliates against” them for exercising those rights. The CAIR chapters are seeking a court order to halt enforcement of the designations and requesting financial compensation.
On Tuesday, Paxton announced his office filed an affidavit defending the proclamation, asserting it is a legitimate national security measure designed to protect Texans from extremist influence, not a suppression of free speech. “Radical Islamist terrorist groups are anti-American, and the infiltration of these dangerous individuals into Texas must be stopped,” Paxton stated. “My office will continue to defend the governor’s lawful, accurate declaration that CAIR is an FTO [foreign terrorist organization] as well as Texas’s right to protect itself from organizations with documented ties to foreign extremist movements.”
In court filings, Paxton dismissed CAIR’s arguments as “speculative” and “baseless,” contending the local chapters have not demonstrated any concrete harm resulting from the designation. He further argued that the case falls within the purview of Texas’s political leadership, not the courts, as his office has not initiated any legal action directly related to the governor’s proclamation.
The Attorney General’s office underscored Texas’s broad authority to act against groups perceived as public safety risks, particularly in the context of heightened global terrorism concerns and rising antisemitic violence following the recent conflict between Israel and Hamas. Paxton also maintained the lawsuit lacks merit because the state’s action targeted CAIR’s national organization, which he characterized as a “different legal entity” than the Texas chapters.
CAIR officials strongly condemned Paxton’s filing and vowed to vigorously pursue their legal challenge. “Although Texas Attorney General Ken Paxton is now claiming that Governor Abbott’s unconstitutional order does not apply to CAIR-Texas, the sweeping order makes no such distinction, and this backtracking will not restore our ability to fully, freely and fearlessly serve the people of Texas so as long as the executive order remains in place,” a statement from CAIR-Texas read. “We look forward to seeing Governor Abbott and Attorney General Paxton in court and defeating this unconstitutional attack on the rights of all Texans.”
Washington, D.C.-based CAIR echoed these sentiments, suggesting Paxton’s arguments reveal the weakness of the state’s position. “By trying to argue that the proclamation does not apply to CAIR-Texas and by arguing that the order raises a political question courts cannot resolve, Mr. Paxton has signaled the weakness of this proclamation,” the organization stated. “We look forward to arguing that the judiciary has the power to decide whether the governor of a state can unilaterally label any American organization he dislikes a ‘terrorist group’ and impose sweeping punishments on that group without any process.”
Governor Abbott’s proclamation characterized CAIR as a “successor organization” to the Muslim Brotherhood, referencing an FBI assessment that once labeled it a “front group” for “Hamas and its support network.” The document detailed the organizations’ histories and alleged associations with individuals and networks linked to Hamas, an internationally recognized terrorist group. Abbott asserted, “The Muslim Brotherhood and CAIR have long made their goals clear: to forcibly impose Sharia law and establish Islam’s ‘mastership of the world.’” He added that these groups are “not welcome in our state” and are prohibited from acquiring property interests in Texas.
Historical scrutiny of CAIR includes its designation as an unindicted co-conspirator in the 2000s Holy Land Foundation terrorism financing case. A 2010 report by Politico noted that U.S. District Court Judge Jorge Solis found “ample evidence to establish the association” between CAIR and Hamas.
The Anti-Defamation League (ADL) has also reported that “some of CAIR’s current leadership had early connections with organizations that are or were affiliated with Hamas.” CAIR disputes the ADL’s claims, maintaining it “unequivocally condemn[s] all acts of terrorism.”
Further controversy surrounding CAIR arose following the October 7, 2023, attacks by Hamas in southern Israel. Nihad Awad, CAIR’s co-founder and executive director, sparked outrage with comments he made during a speech at the American Muslims for Palestine convention in Chicago in November 2023. Awad stated, “The people of Gaza only decided to break the siege — the walls of the concentration camp — on Oct. 7,” and added, “And yes, I was happy to see people breaking the siege and throwing down the shackles of their own land, and walk free into their land, which they were not allowed to walk in.” These remarks drew widespread condemnation for appearing to express support for the violent attacks, which included widespread rape, murder, and kidnapping.
