(MIAMI) – Gov. Ron DeSantis’ announced decision to use a new law to designate the Council on American-Islamic Relations, the Muslim Brotherhood and ‘antifa’, a decentralized, autonomous movement, as domestic terrorist groups raises alarming concerns about the impact of the law on free expression, freedom of association and civic participation, PEN America said today.
“When the government uses its extraordinary powers in this way without a transparent process or meaningful due process protections, government officials risk engaging in viewpoint discrimination,” said William Johnson, director of PEN America Florida. “The First Amendment prohibits the government from penalizing people because of the ideas they express or the groups with which they lawfully associate. Laws that give the government broad authority to designate organizations as terrorist groups while limiting public oversight of that process violate constitutional principles.”
Gov. DeSantis announced last week that he would implement the new so-called “anti-terrorism” law, HB 1471 by labeling these groups as terrorist groups.
The new law gives state officials the power to designate organizations as domestic or foreign “terrorist organizations,” creates new criminal penalties for providing certain forms of support or assistance to designated groups, and restricts instruction and expression in public schools and colleges that “promotes” the organizations.
When Gov. DeSantis signed the legislation into law earlier this year, PEN America warned that the bills’ broad provisions could chill free expression by pressuring people to avoid speaking, reporting on, or engaging with viewpoints or organizations that government officials could interpret as “promoting” terrorism. The legislation has cast a shadow over faculty, students, and staff at Florida’s colleges and universities, encouraging self-censorship, undermining the free exchange of ideas, and leaving educators to wonder whether thoughtful inquiry could invite government punishment.
PEN America is particularly concerned about the impact these laws could have on writers, journalists, educators, students, nonprofit organizations, and community members who engage in lawful civic and political advocacy. When people fear that their speech, reporting, affiliations, or participation in public life could expose them to legal consequences, they often self-censor rather than exercise their First Amendment rights.
“The government should not create an environment where people hesitate to write, teach, report, organize, protest, or participate in public debate because they fear how officials might interpret their speech or associations,” Johnson said.
Florida must also provide strong due process protections, transparent procedures, and clear legal standards that protect constitutional rights. Without those safeguards, laws intended to protect public safety can discourage lawful expression, civic participation, and the robust exchange of ideas that sustains a healthy democracy.
About PEN America
PEN America stands at the intersection of literature and human rights to protect free expression in the United States and worldwide. We champion the freedom to write, recognizing the power of the word to transform the world. Our mission is to unite writers and their allies to celebrate creative expression and defend the liberties that make it possible. Learn more at pen.org.