So-called “anti terror” laws intended to control civil society groups and civic freedoms are a feature of autocracies such as Russia, or countries with growing autocratic pretensions like India. There are plenty of examples of how such laws can be used. In June, a Delhi legislator sanctioned the prosecution of the Booker Prize-winning writer Arundhati Roy, under draconian anti-terror legislation that permits imprisonment without charge, for a speech she gave in 2010.   

Why Did We Write This Story?

We’re committed to tracking the global drift towards autocratic governance. Here, we show how a wide-ranging, vaguely worded bill in the United States could become a law similar to those in authoritarian countries around the world that are used to  stifle civil society and dissent.

Now the United States could become the latest nation to pass an anti-terror law that will effectively stifle dissent.

Undeterred by a failed attempt earlier this month, the U.S. House of Representatives tried again last week to pass H.R. 9495, a bill that gives the treasury secretary the authority to designate non-profits as “terrorist supporting organizations.” This time, with Donald Trump poised to take office and retribution on his mind, the bill passed. It gives, noted Human Rights Watch, “the executive branch broad and easily abused authority.” 

Gravely titled the “Stop Terror-Financing and Tax Penalties on American Hostages Act,” the bill enjoys broad bipartisan support. No one objects to the parts of the bill that seek to alleviate tax burdens and deadlines on “U.S. nationals who are unlawfully or wrongfully detained abroad or held hostage abroad and their spouses.” Or the “refund and abatement of tax penalties and fines paid by hostages, detained individuals, and their spouses or dependents.”

But, bundled together with its uncontroversial sections, the bill also announces its intent to “terminate the tax-exempt status of terrorist supporting organizations.” How such organizations are designated appears to be entirely up to the treasury secretary who is appointed by the president. According to Human Rights Watch, the bill does not “clearly define” criteria by which organizations can be deemed to be enabling terrorists, nor does it “require the government to provide evidence to support such a decision.” Instead, it requires the nonprofit to prove to the government that it does not support terrorism.

In a letter to the House of Representatives, civil society groups asked why such legislation was necessary when it is already a federal crime for nonprofits to provide “material support to terrorist organizations.” Such a law, the letter argued, would hand the U.S. executive “a tool it could use to curb free speech, censor nonprofit media outlets, target political opponents, and punish disfavored groups across the political spectrum.”

Shoved off the news agenda by the intense speculation and reporting over President-elect Trump’s cabinet picks, the bill has received scanty mainstream media coverage. Its impact, however, could be outsized, particularly on free speech. “A sixth grader would know this is unconstitutional,” said the Democrat Congressman Jamie Raskin as the bill was debated on the House floor. It is, he said, “a werewolf in sheep’s clothing” giving the American president “Orwellian powers and the American not-for-profit sector Kafkaesque nightmares.”    

Democrat Congresswoman Rashida Tlaib said the bill was “part of a broader assault on our civil liberties.” Introduced in the wake of protests on American campuses over the war in Gaza, the bill, Tlaib warned, is not “just about Palestinian human rights advocacy organizations, this is about the NAACP, the ACLU and Planned Parenthood.” It criminalizes social justice organizations, she added, the “folks that have been trying to make it safe for our kids to go to school away from gun crisis and violence.” 

Less than 10 days before the House passed the bill on November 21, it had been voted down, failing to secure the necessary two-thirds majority. Earlier this year in April, a version of the bill gained overwhelming support in the House only to be stalled in the Senate. Now in its third iteration, the bill may yet languish in the upper house of Congress, though most analysts expect it to be brought before Congress again next year if necessary when the Republicans will have a majority in both houses.

Across the globe, legislation aimed at the funding of civil society has had an inevitable chilling effect on dissent. “The misuse of anti-terrorism legislation,” observed the European commissioner for human rights in April, “has become one of the most widespread threats to freedom of expression, including media freedom, in Europe.” Why would the United States, even with its much vaunted protection of free speech, be any different?