Florida just gave the government new power to label and penalize speech.

The First Amendment Foundation is preparing a constitutional challenge.

On April 6, 2026, Florida enacted a law that allows the state to designate individuals and organizations as “domestic terrorist organizations” and impose penalties tied to what it defines as “promotion” or “support.”

This framework extends beyond direct criminal conduct. It introduces broad and unclear standards that can affect how speech, association, and public discussion are interpreted.

At its core, this law creates a new and concerning power:

The power to label.

Under this law, the state may take action before individuals or organizations have a meaningful opportunity to challenge the designation or review the evidence against them. That raises serious due process concerns.

There is no guarantee of timely notice. No clear opportunity to respond before consequences are imposed. And no assurance that the information used to justify these decisions can be tested in a fair and open setting.

This is not simply about enforcement.
It is about how authority is exercised.

What this could mean in practice:

  • A student discussing a controversial issue could face scrutiny
  • A journalist reporting on a movement could be accused of providing support
  • A professor teaching political or historical content could be questioned
  • A lawyer advising a client could be seen as assisting
  • An individual posting online may hesitate before speaking at all

When the line between discussion and “promotion” is unclear, people begin to self-censor.

That is how rights are limited in practice.

This is not a new concern.

Throughout history, governments have used labeling and broad standards to discourage lawful speech and association. Once that power exists, it rarely remains narrowly applied.

The First Amendment Foundation is preparing a constitutional challenge to test this law in court and address its implications for free expression and due process.

This effort requires immediate legal preparation, coordination, and resources.

What your support makes possible:

  • Federal litigation
  • Constitutional legal research and filings
  • Expert legal support
  • Public education and awareness

Early action matters. The ability to respond quickly can determine whether laws like this are challenged before their effects spread.

If you believe the government should not have the power to penalize speech through vague and sweeping standards, we ask for your support.

Ideas are not crimes. Support the Legal Challenge