X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
DECISIONS Young’s e-mail address is gyoungnlj.com. the federal government’s decision to freeze the assets of a Muslim organization with suspected ties to Middle East terrorism violated neither the U.S. Constitution nor the Religious Freedom Restoration Act, the U.S. Court of Appeals for the D.C. Circuit held on June 20. Holy Land Found. for Relief and Development v. Ashcroft, No. 02-5307. Based on alleged ties and financial contributions to the Palestinian organization Hamas, the federal government designated a Texas-based Muslim organization, the Holy Land Foundation for Relief and Development, as a “Specially Designated Global Terrorist” in a post-September 11, 2001, executive order pursuant to the International Emergency Economic Powers Act and froze the orga-nization’s assets. Holy Land sued, arguing that the action was an unconstitutional violation of its right of association and its right to free exercise of religion under the Religious Freedom Restoration Act. Holding that there was “no constitutional right to facilitate terrorism,” a district court dismissed most of Holy Land’s complaint. The organization appealed. Affirming, the D.C. Circuit noted that Holy Land had designated itself as a “non-profit charitable organization” without any reference to religious purpose, and that evidence pointed to an association with Hamas. The court said, “Even accepting the dubious proposition that a charitable corporation not otherwise defined can exercise religion as protected in the First Amendment, preventing such a corporation from aiding terrorists does not violate any right contemplated in the Constitution or the RFRA. No one on behalf of Holy Land Foundation has forwarded the proposition that the fomenting and spread of terrorism is mandated by the religion of Islam.”

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.