Texas Sues Promoters of Development Aimed at Muslim Home Buyers

Texas Attorney General Ken Paxton announced last week that he has filed suit in a Texas state trial court against the East Plano Islamic Center alleging violations of Texas securities law in the Center's attempt to finance and develop a planned community of over 1000 homes. The complaint (full text) in State of Texas v. Community Capital Partners, LP, (TX Dist. Ct., filed 12/5/2025), alleges violation of state registration requirements and misstatements regarding the location of the project and the compensation flowing to the individual promoting the project. The complaint reads in part:

20. The “EPIC Launches EPIC City” video describes the community as “a project that’s going to change ... the Dawah scene for the Muslim community in the US.” In the “Imam Zaid Shakir invites you to Epic City Community” video, Imam Zaid Shakir states that EPIC City will be “exponentially beneficial … to the believers ... a greater sign that [the Muslim] community has arrived,” and that EPIC City will serve as the “epicenter of Islam in North America.” Moreover, although no longer publicly accessible, the video... bore the title “Welcome to Epic City Muslim Community.... 

21. Furthermore, while a subsequent version of EPIC City’s website stated that the project is “committed to building a vibrant, multigenerational and inclusive master planned community,” the website’s language from 11 days after CCP’s initial announcement was significantly different: a screenshot of the website from May 26, 2024, shows that the mission statement originally stated that EPIC City was “committed to building a vibrant and inclusive community that serves the evolving needs of the Muslim community.” This language was still active on EPIC City’s homepage until at least February 14, 2025, long after the offering was announced and after hundreds of subscription agreements had become effective.

22. These videos, and the overall marketing campaign more broadly, give the clear impression that EPIC City is a community targeted at and reserved for those of the Muslim faith.

Texas Tribune reporting on the lawsuit said in part:

The legal action is the latest development to bring attention to the community, which has been the recipient of Islamaphic vitriol for months. 

This summer, the U.S. Department of Justice quietly closed a probe into the housing project — saying that the developers had agreed to follow federal fair housing laws.

[Thanks to Scott Mange for the lead.] 

CAIR Sues Texas Governor

As previously reported, earlier this week Texas governor Greg Abbott issued a Proclamation designating CAIR as a Foreign Terrorist and Transnational Criminal Organizations under Texas law. CAIR has now responded by filing suit against the governor and the Texas attorney general in a Texas federal district court. The complaint (full text) in Council on American-Islamic Relations Texas Dallas Fort Worth v. Abbott, (WD TX, filed 11/20/2025), alleges in part:

57. Wrongfully and unilaterally designating Plaintiffs as “foreign terrorist organizations,” and declaring them unable to purchase land in the state of Texas harms Plaintiffs’ advocacy work, fundraising initiatives, and reputation as organizations. 

58. Given that state law is preempted by federal law, Plaintiffs are entitled to injunctive relief prohibiting Defendant Paxton from enforcing the Proclamation against them....

65.  Governor Abbott’s Proclamation deprives Plaintiffs of their procedural due process rights by designating them as “Foreign Terrorist Organizations” under Texas Penal Code 71.01, “Transnational Criminal Organizations” under Texas Property Code § 5.251, and proscribed entities via designation by the governor under Texas Property Code § 5.254 without providing Plaintiffs the right to respond to and challenge the designations....

77. Governor Abbott’s Proclamation identifies no criminal conduct by Plaintiffs. Instead, it relies almost entirely on political speech and advocacy – particularly remarks by CAIR’s Executive Director encouraging civic engagement, political participation, and representation by American Muslims. 

78. These statements are quintessential political and religious expressions. Yet Governor Abbott invoked them to claim Plaintiffs seek to “advance Sharia law in America,” a characterization rooted in stereotype and hostility rather than evidence.

79. A state official may not wield governmental power to punish an organization or silence its advocacy because of disagreement with its speech, its religious identity, or the communities it represents....

96. ... [T]he Proclamation substantially infringes Plaintiffs’ First Amendment right to expressive association by deterring individuals and organizations from joining, supporting, partnering with, or participating in Plaintiffs’ lawful advocacy....

CAIR issued a press release announcing the filing of the lawsuit.

Texas Governor Declares CAIR Foreign Terrorist and Transnational Criminal Organization

Texas Governor Greg Abbott yesterday issued a Proclamation (full text) designating the Muslim Brotherhood and CAIR as Foreign Terrorist and Transnational Criminal Organizations under Texas law. The Proclamation, after three pages of introductory "Whereas" clauses, reads in part:

I, Greg Abbott ... do hereby:

(1) Designate both the Muslim Brotherhood and its successor organization CAIR as Foreign Terrorist Organizations under Texas Penal Code §71.01(e), and thereby subject those organizations, and any persons promoting or aiding their criminal activities, to the heightened penalties authorized by Chapter 125 of the Texas Civil Practice and Remedies Code; and

(2)  Designate both the Muslim Brotherhood and its successor organization CAIR as Transnational Criminal Organizations and proscribed entities under Texas Property Code §5.254(a)(2)(A), and thereby subject those organizations, and their affiliates and members, to Chapter 5 of the Texas Property Code, which prohibits them from purchasing or acquiring land in Texas.

In a press release announcing his action, Governor Abbott said in part:

The Muslim Brotherhood and CAIR have long made their goals clear: to forcibly impose Sharia law and establish Islam’s ‘mastership of the world... The actions taken by the Muslim Brotherhood and CAIR to support terrorism across the globe and subvert our laws through violence, intimidation, and harassment are unacceptable.... These radical extremists are not welcome in our state and are now prohibited from acquiring any real property interest in Texas.

CAIR responded to the Governor's action with a letter (full text) saying in part:

As you know, your proclamation has no basis in law or fact. You do not have the authority to unilaterally declare any Americans or American institutions terrorist groups, nor is there any basis to level this smear against our organization....

CAIR has spent 30 years vocally speaking up against all forms of bigotry, including anti-Black racism, Islamophobia, anti-Palestinian racism and antisemitism, as well as all forms of unjust violence, including hate crimes, ethnic cleansing, genocide and terrorism. ...

Sadly, your office has spent months stoking anti-Muslim hysteria to smear American Muslims critical of the Israeli government. By defaming another prominent American Muslim institution with debunked conspiracy theories and made-up quotes, you have once again shown that your top priority is advancing anti-Muslim bigotry, not serving the people of Texas. 

Unlike your office, which has unleashed violence against Texas students protesting the Gaza genocide to satisfy your AIPAC donors, our civil rights organization answers to the American people, relies on support from the American people, and stands up for American values.

We have successfully sued you three different times for shredding the First Amendment for the benefit of the Israeli government, and we are ready to do so again if you attempt to turn this publicity stunt into actual policy.

Axios reports on these developments.

Harvard Releases Reports on Antisemitism and Anti-Muslim Bias

Yesterday, Harvard University released the 311-page Final Report of its Presidential Task Force on Combating Antisemitism and Anti-Israeli Bias (full text) and also released the 222-page Final Report of its Presidential Task Force on Combating Anti-Muslim, Anti-Arab, and Anti-Palestinian Bias (full text). Harvard president Alan Garber issued a Statement (full text) accompanying the release of the reports, saying in part:

Separately and together, the task force reports reveal aspects of a charged period in our recent history, offering searing personal accounts as they hold up a mirror to our interactions with one another. During the listening sessions that took place last spring, Jewish, Israeli, and Zionist community members reported experiencing our campus climate as unwelcoming. In some cases, they hid overt markers of their identities to avoid confrontation. Muslim, Arab, Palestinian, and pro-Palestinian community members reported feeling judged, misrepresented, and silenced. Some found our existing policies and practices wanting when they needed support or sought action. Across our community, some questioned how issues concerning Israel and Palestine were addressed on our campus, noting that they found some seminars and lectures, panel discussions, and events open to the public to be one-sided, deepening feelings of exclusion and rejection, and calling into question our institutional commitment to excellence and rigor in our academic pursuits.

Especially disturbing is the reported willingness of some students to treat each other with disdain rather than sympathy, eager to criticize and ostracize, particularly when afforded the anonymity and distance that social media provides. Some students reported being pushed by their peers to the periphery of campus life because of who they are or what they believe, eroding our shared sense of community in the process.

Harvard cannot—and will not—abide bigotry. We will continue to provide for the safety and security of all members of our community and safeguard their freedom from harassment. We will redouble our efforts to ensure that the University is a place where ideas are welcomed, entertained, and contested in the spirit of seeking truth; where argument proceeds without sacrificing dignity; and where mutual respect is the norm....

White House Releases National Strategy to Counter Islamophobia and Anti-Arab Hate

Earlier this month (Dec. 12), the White House released a U.S. National Strategy to Counter Islamophobia and Anti-Arab Hate (full text). The 67-page document says in part:

Islamophobia is hatred, discrimination, or bias directed at Muslims or those perceived to be Muslim. It can have a profound negative impact on people of all ages and backgrounds, threatening their personal safety and their ability to fully exercise their constitutional rights. This Strategy also seeks to counter hate targeting Arab Americans because they are Arab. It is important not to conflate Muslims with Arabs and Sikhs, who also often experience unique forms of hate, bias, and discrimination because of who they are, not because they are perceived to be Muslims.  

This Strategy sets forth actions to counter hate, discrimination, and bias affecting these communities, remaining mindful of their unique experiences. We have listened to community and civil society leaders, as well as subject matter experts from various backgrounds throughout the development of this Strategy, and they have shared both their common and distinctive concerns.  

For far too long, it has been common to conflate Arabs and Muslims. As we note in this Strategy, the majority of Arab Americans are not Muslim, and the vast majority of Muslim Americans are not Arab. Arab Americans practice a number of religions, including Christianity and Islam, and they are ethnically and racially diverse. Throughout this Strategy, we identify unique challenges facing Arab Americans and emphasize the importance of avoiding conflation with other communities, even as we put forward a number of common strategies to address many forms of hatred.

AP reported on the release of the National Strategy.

Circuit Court Nominee Says Anti-Muslim Prejudice Derailed His Confirmation

On Monday, Adeel Mangi, President Biden's nominee to fill a vacancy on the U.S. 3rd Circuit Court of Appeals, submitted a letter (full text) to the President acknowledging that the Senate will not confirm his nomination. (See prior related posting.) Mangi would have been the first Muslim to sit on a federal Circuit Court.  In his lengthy letter, Mangi attributed his inability to obtain Senate confirmation largely to anti-Muslim prejudice. The letter reads in part:

I saw in America a country where I could succeed based on my professional skill, hard work, and character regardless of my faith or background....

When my nomination then came before the Senate Judiciary Committee, I was prepared to answer any questions about my qualifications, philosophy, or legal issues. I received none. Instead, I was asked questions about Israel, whether I supported Hamas, and whether I celebrated the anniversary of 9-11. Even more revealing, however, was the tone. The underlying premise appeared to be that because I am Muslim, surely I support terrorism and celebrate 9-11.....

The pretext for these questions was that I had agreed to serve on an outside advisory panel for an academic center that was being established at a preeminent New Jersey Law School to combat bigotry and discrimination, including Islamophobia....

After Jewish groups came to my defense, these same attackers pivoted focus to a new absurdity, claiming that I supported the killing of police officers -- silently underpinned, in my view, by the notion that as a Muslim I surely support violence, including against law enforcement....

Resurgent efforts after the election towards confirmation were derailed by the deal in the Senate that denied all circuit nominees a vote....

 American Muslims are part of this nation's fabric and will not cower. This campaign was intended to make it intolerable for Muslims proud of their identity to serve this nation. It will fail. Our Constitution forbids religious tests for any Office of the United States and American Muslims will cherish that fundamental American value, even if others apply it only selectively....

Pittsburgh Post-Gazette reports on these developments.

Texas Man Sentenced To 37 Years in Muslim Hate Crime Murder

A Department of Justice press release reports that yesterday a Texas federal district court sentenced a defendant to 37 years in prison (with credit for time served before sentencing) for a mass shooting at a Dallas car repair business. Thirty-nine year old Anthony Paz Torres had pleaded guilty to five federal hate crime counts. DOJ explains:

 According to court documents, Torres admitted that a few days prior to the shooting, he went to Omar’s Wheels and Tires, made anti-Muslim comments, and pledged that he would come back. When he returned to the business on Dec. 24, 2015, Torres asked customers if they were Muslim. After being escorted back to his vehicle by Omar’s Wheels and Tires employees, Torres discharged his firearm in the direction of multiple employees and customers. Torres admitted that he killed one person and attempted to kill four other people at Omar’s Wheels and Tires because he believed that they were Muslim. 

Title VI Claims Against Universities Proliferate Since Israel-Gaza Conflict

As previously reported, in November 2023 the Department of Education issued a "Dear Colleague" letter in response to rising levels of antisemitic and Islamophobic incidents at schools and colleges since the October 7 Hamas attack on Israel and the Israeli response. The letter clarifies that even though Title VI does not specifically cover religious discrimination, many types of antisemitic and Islamophobic attacks fall under other types of discrimination covered by Title VI. The Forward yesterday reported that it has tracked 48 Title VI investigations by DOE's Office of Civil Rights filed since November charging higher education institutions with antisemitism, Islamophobia or similar discrimination, as well as ten lawsuits filed by private parties making similar contentions filed since then. It has published a detailed listing of all the investigations and cases it has tracked. The Forward explains:

When Ken Marcus took over the department’s civil rights office during the George W. Bush administration, he started looking for test cases for a new category of “shared ancestry” that would allow officials to investigate cases that touched on religion. He found one when a Sikh child in New Jersey was beaten by classmates who saw his turban and taunted him as “Osama,” a reference to the infamous Muslim terrorist.

Marcus believed that the discrimination wasn’t strictly religious in nature because the bullies weren’t intending to go after the boy’s Sikh identity. And it wasn’t obviously racial, either, since it was the turban that had drawn the bullies’ attention.

He authorized the department to investigate these types of cases under its authority to prohibit discrimination based on race or national origin, creating a new category called “shared ancestry.” Every subsequent administration has agreed that these cases fall under the department’s purview.

More controversial is the question of what, exactly, constitutes discrimination against Jews based on their shared ancestry. Marcus and many Jewish advocacy groups have taken the position that anti-Zionism — opposition to a Jewish state in Israel — is often antisemitic because many Jews identify with Israel as part of their shared ancestry.

White House Summarizes Recent Initiatives to Combat Antisemitism and Islamophobia at Schools and Colleges

The White House yesterday issued a Fact Sheet: Biden-⁠Harris Administration Takes Action to Address Alarming Rise of Reported Antisemitic and Islamophobic Events at Schools and on College Campuses.  It announces recent initiatives and updated resources from the Department of Justice, the Department of Education, the Department of Agriculture, and the Department of Homeland Security to counter the increase in antisemitic and Islamophobic incidents at schools and colleges since the October 7 Hamas terrorist attacks in Israel.

DOE Reminds Schools of Duty to Protect Against Antisemitic and Islamophobic Discrimination

The U.S. Department of Education's Assistant Secretary for Civil Rights issued a "Dear Colleague" letter on Tuesday in response to rising levels of antisemitic and Islamophobic incidents at schools and colleges since the October 7 Hamas attack on Israel. (Press release). The letter (full text) says in part:

I write to remind colleges, universities, and schools that receive federal financial assistance of their legal responsibility under Title VI of the Civil Rights Act of 1964 and its implementing regulations (Title VI) to provide all students a school environment free from discrimination based on race, color, or national origin, including shared ancestry or ethnic characteristics. It is your legal obligation under Title VI to address prohibited discrimination against students and others on your campus—including those who are or are perceived to be Jewish, Israeli, Muslim, Arab, or Palestinian—in the ways described in this letter....

Schools that receive federal financial assistance have a responsibility to address discrimination against Jewish, Muslim, Sikh, Hindu, Christian, and Buddhist students, or those of another religious group, when the discrimination involves racial, ethnic, or ancestral slurs or stereotypes; when the discrimination is based on a student’s skin color, physical features, or style of dress that reflects both ethnic and religious traditions; and when the discrimination is based on where a student came from or is perceived to have come from, including discrimination based on a student’s foreign accent; a student’s foreign name, including names commonly associated with particular shared ancestry or ethnic characteristics; or a student speaking a foreign language.

White House Will Develop National Strategy to Counter Islamophobia

The Whtie House announced yesterday that the Biden-Harris Administration will develop the first National Strategy to Counter Islamophobia in the United States. The announcement (full text) said in part:

For too long, Muslims in America, and those perceived to be Muslim, such as Arabs and Sikhs, have endured a disproportionate number of hate-fueled attacks and other discriminatory incidents. We all mourn the recent barbaric killing of Wadea Al-Fayoume, a 6-year-old Palestinian American Muslim boy, and the brutal attack on his mother in their home outside Chicago.

Today’s announcement is the latest step as part of President Biden’s directive last year to establish an interagency group to increase and better coordinate U.S. Government efforts to counter Islamophobia, Antisemitism, and related forms of bias and discrimination within the United States.

FBI Releases 2022 Hate Crime Statistics

The FBI yesterday released 2022 Crime Statistics, including data on hate crimes (Methodology)  (Data on Incidents). According to the FBI:

In 2022, law enforcement agency participation significantly increased ... with a population coverage of 91.7% submitting incident reports.... There were over 11,000 single-bias hate crime incidents.... [T]he top three bias categories ... were race/ethnicity/ancestry, religion, and sexual-orientation.

The FBI reported 2,042 incidents of religiously-motivated hate crimes. 1,122 of these were anti-Jewish. The next most numerous were 181 anti-Sikh incidents; 158 anti-Muslim and 107 anti-Catholic. President Biden issued a Statement (full text) on the Hate Crime Statistics, saying in part:

The data is a reminder that hate never goes away, it only hides. Any hate crime is a stain on the soul of America.

To those Americans worried about violence at home, as a result of the evil acts of terror perpetrated by Hamas in Israel, we see you. We hear you. And I have asked members of my team ... to prioritize the prevention and disruption of any emerging threats that could harm Jewish, Muslim, Arab American, or any other communities during this time. My Administration will continue to fight Antisemitism and Islamophobia.

8 Federal Agencies Clarify When Title VI Bars Discrimination Related to Religion

The White House announced yesterday that eight federal agencies have "clarified—for the first time in writing—that Title VI of the Civil Rights Act of 1964 prohibits certain forms of antisemitic, Islamophobic, and related forms of discrimination in federally funded programs and activities."  The agency actions are seen as part of President Biden’s National Strategy to Counter Antisemitism.  Title VI of the 1964 Civil Rights Act covers discrimination on the basis of race, color, or national origin in programs and activities receiving federal financial assistance. It does not explicitly bar religious discrimination.  The agency Fact Sheets publicized by the White House each focuses on the kind of discrimination against persons of a particular religion that could come within the scope of Title VI. Here are the agencies' interpretations:

Department of Agriculture Fact Sheet; Department of Health and Human Services Fact Sheet; Department of Homeland Security Fact Sheet; Department of Housing and Urban Development Fact Sheet and Memorandum; Department of Interior Fact Sheet; Department of Labor Fact Sheet; Department of Treasury Fact Sheet; Department of Transportation Fact Sheet.

Prof's Suit Over Display of Prophet Muhammad Paintings Will Move Ahead In Federal Court On Religious Discrimination Claim

In López Prater v. Trustees of Hamline University of Minnesota, (D MN, Sept. 15, 2023), a Minnesota federal district court upheld defendant's removal to federal court of a suit initially filed against it in state court by an Adjunct Art Instructor at Hamline University whose teaching contract was not renewed after she showed slides of two classic paintings of the Prophet Muhammad in her World Art class. (See prior posting.) The court held that because many of plaintiff's allegations involve matters covered by the collective bargaining agreement, her state law claims are pre-empted by §301(a) of the federal Labor-Management Relations Act that creates a federal cause of action for "[s]uits for violation of contracts between an employer and a labor organization representing employees in an industry affecting commerce."

The court went on to dismiss several of plaintiff's claims, but refused to dismiss her claim under the Minnesota Human Rights Act for religious discrimination, saying in part:

Contrary to Hamline’s position, the Court finds that Ms. López Prater plausibly alleges that Hamline discriminated against her because she was not a Muslim or did not conform to a belief that certain Muslims share....

Ms. López Prater maintains that Hamline would not have labeled the act of showing the images “Islamophobic” if she were Muslim....

... [C]aselaw recognizes that an employer can discriminate against an employee if it acts on the preference of third parties such as customers or clients....  Therefore, Ms. López Prater alleging that Hamline discriminated against her by acting on the preferences of certain Muslim students and staff members is sufficient at this stage.

The court however dismissed plaintiff's reprisal claim under the Minnesota Human Rights Act, as well as her claims for defamation, intentional infliction of emotional distress and her claims under the Minnesota Whistleblower Act. Volokh Conspiracy also reports on the decision.

8th Circuit Upholds Constitutionality of Federal Ban on Damaging Religious Real Property

In United States v. Hari, (8th Cir., May 10, 2023), the U.S. 8th Circuit Court of Appeals upheld the constitutionality under the Commerce Clause of 18 USC §247.  The statute bars damaging religious real property because of the religious character of the property, and bars obstructing a person's enjoyment of free exercise of religion by force or threat of force against them or against religious real property, when the person's conduct affects interstate commerce. The court said in part:

Here, the statute specifically requires that the offense “affects interstate or foreign commerce.” This “ensures, through a case-by-case inquiry, that each defendant’s [offense] affected interstate commerce.”

The court also upheld defendant's conviction under 18 USC § 924(c)(1) for carrying or using a destructive device during and in relation to any crime of violence.  The conduct for which defendant was convicted was described by the court:

In August 2017, Emily Hari loaded a pickup truck with a 20 pound pipe bomb, two assault rifles, and a sledgehammer and drove with two confederates from Illinois to the Dar al-Farooq Islamic Center in Bloomington, Minnesota. The trio smashed a window of the Imam’s office before the parishioners’ dawn prayer and threw gasoline, diesel fuel, and the pipe bomb inside. The bomb detonated. No one was injured; the building suffered fire and smoke damage. Hari and the others fled.

White House Hosts Eid Reception; Conducts Listening Session on Islamophobia

On Monday evening, President Biden spoke at a White House reception to celebrate Eid al-Fitr. (Full text of remarks). The President said in part:

We remember Muslim communities around the world that are enduring conflict, poverty, hunger, disease, and those that are displaced from their homes. And we recommit to the tireless work of building peace and standing up for the rights and dignity of all people.  All people. 

And we’re determined to confront all forms of hate, including Islamophobia, which is important to me.  (Applause.)  This is a priority for my administration, which is why I established an interagency task force to address attacks on Muslims and anti-Muslim bias and discrimination....

Muslims have been part of the United States from the very start.  Muslims fought along the patriots during the War for Independence. One of the first countries to recognize the United States as an independent nation was a Muslim country, Morocco.  (Applause.) 

Today, there are 3.5 million of you in the United States.  You come from different ethnicities, races, speak different languages, but you’re united all as Americans.

The White House also announced that on Tuesday:

Second Gentleman Douglas Emhoff, White House Domestic Policy Advisor Ambassador Susan Rice, Deputy Homeland Security Advisor Joshua Geltzer, U.S. Ambassador at Large for International Religious Freedom Rashad Hussain, and Office of Public Engagement Director Stephen Benjamin hosted a listening session with Muslim community leaders to discuss efforts to counter Islamophobia....

White House Creates Inter-Agency Group to Counter Anitsemitism

White House Press Secretary Karine Jean-Pierre yesterday announced the formation of an inter-agency anti-bias task force whose first priority is developing a national strategy to combat antisemitism.  Her Statement (full text) said in part:

The President is establishing an inter-agency group led by Domestic Policy Council staff and National Security Council staff to increase and better coordinate U.S. Government efforts to counter antisemitism, Islamophobia, and related forms of bias and discrimination within the United States. The President has tasked the inter-agency group, as its first order of business, to develop a national strategy to counter antisemitism. This strategy will raise understanding about antisemitism and the threat it poses to the Jewish community and all Americans, address antisemitic harassment and abuse both online and offline, seek to prevent antisemitic attacks and incidents, and encourage whole-of-society efforts to counter antisemitism and build a more inclusive nation.

The Hill reports on this development.

Scottish Court Awards Damages for Franklin Graham's Cancelled Event

 In Billy Graham Evangelistic Association v. Scottish Event Campus Limited, (Glascow Sheriff's Ct., Oct. 24, 2022), a trial court in Scotland concluded that a large arena in Scotland whose majority owner is the city of Glascow violated the Equality Act when it cancelled an appearance by evangelist Franklin Graham because of concern that he might make homophobic and Islamophobic comments during his appearance. The court awarded Graham's organization damages equivalent to $112,000(US). The court said in part:

The event was cancelled because of (a) the religious or philosophical beliefs of the pursuer and Franklin Graham as viewed by the defender and (b) the reaction by others to the religious or philosophical beliefs professed by the pursuer and/or Franklin Graham. Those objectors had included the defender’s principal shareholder, its sponsor, objectors on social media, some press, an MSP and persons representing contrasting religious views.

(See prior related posting.) Charlotte Observer and BBC News report on the decision.

Anti-Muslim Facebook Postings Are Subject To Pickering Balancing Test

In Hernandez v. City of Phoenix, (9th Cir., Aug. 5, 2022), the U.S. 9th Circuit Court of Appeals remanded to the district court a case in which the Phoenix police department had disciplined an employee for social media posts he made disparaging Muslims.  The district court had held that the posts did not address matters of public concern and so were not subject to the balancing test of Pickering v. Board of Education  that protects as free speech some statements by public employees which are objectionable to the public employer. The Court of Appeals disagreed, saying in part:

It is true that each of Hernandez’s posts expressed hostility toward, and sought to denigrate or mock, a major religious faith and its adherents. The Supreme Court has made clear, however, that “[t]he inappropriate or controversial character of a statement is irrelevant to the question whether it deals with a matter of public concern.”...

Having concluded that Hernandez’s Facebook posts constitute speech on matters of public concern at the first step of the Pickering balancing test, we would ordinarily proceed to the next step and assess whether the Phoenix Police Department has shown an adequate justification for punishing Hernandez’s otherwise protected speech. We cannot do so here, however, because the district court dismissed Hernandez’s First Amendment retaliation claim at the motion-to-dismiss stage.... Although it seems likely that Hernandez’s posts could impede the performance of his job duties and interfere with the Phoenix Police Department’s ability to effectively carry out its mission, no evidence of the actual or potential disruptive impact caused by Hernandez’s posts is properly before us at this stage of the proceedings....

In remanding the case, we do not mean to suggest that the Department will face a particularly onerous burden to justify disciplining Hernandez for his posts, given the comparatively low value of his speech.

Reuters reports on the decision.

CAIR Issues Report On Structural Islamophobia

Yesterday, the Council on American-Islamic Relations (CAIR) released a report titled Still Suspect: The Impact of Structural Islamophobia (full text).The Executive Summary says in part:

The title of this report is Still Suspect: The Impact of Structural Islamophobia. The word structural is significant in the understanding that Islamophobia has seeped into every part of our society. It has made its way into government institutions and the public sphere through laws and policies, political rhetoric, and other manifestations.  For example, in 2021, CAIR received a total of 6,720 complaints nationwide involving a range of issues including immigration and travel, discrimination, law enforcement and government overreach, hate and bias incidents, incarceree rights, school incidents, and anti-BDS/free speech. These complaints clearly indicate that government discrimination and bias continue to have a disproportionate effect on American Muslims and further demonstrate that our communities continue to be viewed with suspicion.