NEW YORK—The Knight First Amendment Institute at Columbia University today announced that it has reached a settlement agreement in a lawsuit against the Treasury Department’s Office of Foreign Assets Control (OFAC). In late 2022, OFAC asserted that it can restrict American groups from organizing political discussions that include sanctioned individuals or groups. In December 2023, the Knight Institute filed a complaint with the Foundation for Global Political Exchange, arguing that OFAC’s position exceeds its authority and violates the First Amendment.

“This settlement is an important victory for free speech at a moment when governments around the world are exploiting national security laws to suppress legitimate political discourse. The First Amendment protects the right of Americans to engage with people from other countries—to talk with them, hear from them, and engage them in discussion and debate,” said Anna Diakun, staff attorney at the Knight First Amendment Institute. “The government has no authority to dictate which voices and ideas Americans are permitted to hear.”

As part of the settlement, OFAC has issued a letter to the Foundation for Global Political Exchange making clear that including sanctioned individuals in political dialogues, whether in person or online, is not prohibited by U.S. sanctions. The settlement will also enable other organizations to foster political dialogue without fear of prosecution. 

The Foundation for Global Political Exchange promotes professional and academic enrichment through convenings in different countries in the Middle East and North Africa called “Exchanges.” Each Exchange involves a series of small-group, immersive dialogues that allow participants from around the world to engage with and question key decision-makers from across a country’s political spectrum, including figures who vigorously disagree with one another. The Foundation categorically condemns violence against civilians and recognizes that finding avenues toward sustainable peace requires people to engage even with those with whom they vehemently disagree. Since 2008, more than 1,500 people have attended Exchanges, including journalists, academics, students, NGO practitioners, and government officials from 51 different countries. 

In 2022, OFAC told the Foundation that it could not include in one of its Exchanges several individuals who had been designated under the agency’s sanctions regimes, or who were members of a designated group. The Foundation sued to challenge this decision, arguing that OFAC had exceeded its authority and violated the First Amendment by suppressing core political speech. It asked the court to declare that OFAC’s actions were unlawful and to bar the agency from blocking the Foundation’s speakers in the future.

“We’re pleased with this settlement, which will limit the government’s ability to use sanctions law to shut down vital political discussions,” said Nicholas Noe, director and co-founder of the Foundation for Global Political Exchange. “Free and open political dialogue is vital for achieving mutual understanding and for finding pathways to peace. Americans can’t possibly understand the world around them if the government gets to decide which foreign citizens they can speak with.”

Read today’s stipulation of dismissal here.

Read the letter from the government here.

Read more about the case here.

Lawyers on the case include Diakun, Alex Abdo, Jameel Jaffer, and Xiangnong Wang for the Knight First Amendment Institute, and Joshua Andresen for the Foundation for Global Political Exchange.

More information about the Foundation for Global Political Exchange is available here.

For more information, contact: Adriana Lamirande, [email protected]