Texas vs CAIR: First Amendment showdown heads to federal court

The Council on American-Islamic Relations (CAIR) has taken Texas Governor Greg Abbott to federal court after he “falsely declared” the organisation’s Texas chapter a “foreign terrorist organisation”, triggering a legal fight over free speech, political power and the limits of state authority.

The lawsuit, which also names Texas Attorney General Ken Paxton, seeks to block Abbott’s designation and argues it is both “unconstitutional and defamatory”. CAIR says the move sets a dangerous precedent that allows a governor to silence critics by branding them extremists.

CAIR General Counsel Lena Masri, announcing the joint legal action with the Muslim Legal Fund of America, framed the case as a defence of fundamental rights.

“The lawsuit we have filed today is our first step towards defeating Governor Abbott again so that our nation protects free speech and due process for all Americans,” she said. “No civil rights organisations are safe if a governor can baselessly and unilaterally declare any of them terrorist groups, ban them from buying land, and threaten them with closure,” she added.

Founded in 1994, CAIR is the largest Muslim civil rights organisation in the US and has been a prominent critic of US support for Israel’s actions in Gaza. Abbott, a staunch supporter of Israel, announced on Tuesday that he was designating CAIR as a “foreign terrorist and transnational criminal organisation”, alongside the Muslim Brotherhood, in a post on X.

According to Abbott, the designation bans both groups from buying or acquiring land in Texas and authorises the state to pursue legal action to shut down their activities.

This is not the first clash between Abbott and CAIR. In April 2024, he said pro-Palestinian student protesters at the University of Texas at Austin “belong in jail”, drawing sharp criticism from the group. “The First Amendment applies to the State of Texas, whether Greg Abbott likes it or not,” CAIR said at the time.

The fallout has extended well beyond Texas. Democrats and civil rights groups have condemned the move, with US Representative Ilhan Omar calling Abbott a “bigot” who “should have no place in elected office”.

“The normalisation of anti-Muslim hate speech is vile,” Omar wrote.

The Texas Democratic Party echoed that sentiment, calling the designation “dangerous, racist, and Islamophobic”.

“While Greg Abbott and the Republicans claim to follow the Constitution, they would trample on someone’s First Amendment rights when they don’t agree with or worship with them,” the party said.