Barring speakers under u.s. sanctions puts ideas off-limits, say free speech advocates

Can the U.S. government control the speech that an American organization sponsors in another country?

A LAWSUIT FILED Wednesday says the U.S. government violated the First Amendment when it prevented a U.S.-based organization from hosting people sanctioned by the U.S. as speakers at a conference earlier this year. The suit, if successful, could have far-reaching implications for placing federal limits on freedom of speech when sanctioned or otherwise designated people or groups are involved.

The complaint Opens in a new tab, filed by Columbia University’s Knight First Amendment Institute, argues that the decision made by the Office of Foreign Assets Control could have consequences for public discourse, including whether news outlets could publish interviews with individuals designated under U.S. sanctions law.

For the lawyers bringing the suit, the current curtailment of speech based on sanctions amounts to the policing of thought.

“The question at the core of the case is what control the U.S. government has over the American mind and whether it can effectively insulate Americans from ideas and people who it decides are off-limits,” said Alex Abdo, litigation director of the Knight Institute. “That is an extraordinarily dangerous authority.”

In January, the Foundation for Global Political Exchange, a U.S. nonprofit that organizes small-group discussions across the political spectrum in the Middle East, held an event in Beirut aimed at fostering political dialogue about Lebanon.

The Foundation sought to include five influential political figures in Lebanon who were either sanctioned by the U.S. government or were members of a designated organization. Two of the potential speakers were members of the Lebanese Parliament, one was a senior representative of the sanctioned Palestinian militant group Hamas, and two others were members of Hezbollah, which the U.S. government considers a terrorist organization but remains a major political party within Lebanon.

Out of prudence, the Foundation informed OFAC, the agency that regulates sanctions, that some of the participants were on the sanctions list or affiliated with sanctioned groups. The agency was categorical in its response: Any event held by Americans with designated individuals was prohibited and risked civil or criminal penalties. OFAC claimed that inviting any of the five people — even those who were members of sanctioned organizations but not themselves listed as individuals — would violate the law by giving them “a platform for them to speak” that would provide a “service,” according to the lawsuit. (OFAC did not immediately respond to a request for comment.)

The lawsuit argues that OFAC has no legal authority to prevent Americans from engaging in conversation with people on the sanctions list. The Foundation’s event was specifically protected by legal and regulatory exemptions on the exchange of information and ideas, it claims.

“OFAC is assuming the authority to control whom Americans get to hear from and by extension what views Americans hold,” Anna Diakun, a staff attorney at the Knight Institute, told The Intercept. “But the public gets to decide for itself which ideas to credit and which ones to reject. That is what the First Amendment is supposed to protect.”

https://theintercept.com/2023/12/20/sanctions-first-amendment-free-speech/

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