WASHINGTON—In response to a letter sent by the Knight First Amendment Institute at Columbia University, the Treasury Department last week confirmed that a scholarly organization—the Middle East Studies Association (MESA)—may hold an event with U.N. Special Rapporteur Francesca Albanese even though she has been sanctioned by the government. The letter, which the Treasury Department characterized as “interpretive guidance,” makes clear that hosting a speech by Albanese, asking her questions, and sharing research and scholarship with her are “not prohibited” under U.S. sanctions law. 

“The First Amendment generally forecloses the government from using its sanctions authority to suppress the exchange of ideas—and it certainly prohibits the government from preventing scholars from engaging with one of the foremost experts in their field,” says Xiangnong (George) Wang, staff attorney at the Knight First Amendment Institute. “The Treasury Department’s concession is a significant reprieve to the many American scholars, journalists, and advocates that have been chilled from exercising their rights because they fear liability under U.S. sanctions laws.”

In February 2025, President Trump signed an executive order authorizing sanctions against the International Criminal Court (ICC), asserting that the court’s investigations of U.S. and Israeli citizens for potential human rights violations posed an “unusual and extraordinary threat” to the United States. In July 2025, acting pursuant to that executive order, Secretary Marco Rubio designated Albanese, who serves as the U.N. “Special Rapporteur on the situation of human rights in the Palestinian Territory occupied since 1967.” The designation has the effect of making it illegal for American groups and individuals to provide “funds, goods, or services by, to, or for the benefit” of Albanese.

Given Albanese’s expertise in international law and the Israeli-Palestinian conflict in particular, MESA made plans to invite Albanese to be the featured speaker in an online event scheduled for January 2026. Due to her designation, however, MESA became concerned that it could not proceed with the event without exposing itself and its members to the risk of severe civil and criminal penalties.  In October, the Knight Institute sent the Treasury Department  a letter on MESA’s behalf seeking assurances that MESA would not violate U.S. sanctions law by including Albanese in its event, and expressing concern about the profound chilling effect that the Trump administration’s ICC sanctions restrictions could have on a wide range of academic and political discourse.

Last week’s response from the Treasury Department confirms that MESA and its members may go forward with its event with Albanese without fear of penalty, and that the U.S. government cannot use its economic sanctions authority to suppress the cross-border exchange of information and ideas.

“We’re pleased with this result. It’s imperative that our members be able to engage as academics with an internationally respected and globally renowned advocate for human rights without fear of retribution or punishment,” says Ussama Makdisi, president of MESA. 

“Academic freedom is tested not when speech is easy, but when it is contested,” adds Aslı Bâli, past president of MESA. “Inviting U.N. Special Rapporteur Albanese to address our membership affirms MESA’s role as a forum for intellectual engagement and scholarly inquiry free from government sanctions.”

Read the Treasury Department’s letter here.

Read the Knight Institute’s October letter here.

Lawyers involved include Wang, Jake Karr, Nicola Morrow, Anna Diakun, Alex Abdo, and Jameel Jaffer for the Knight First Amendment Institute.

For more information, contact: Lorraine Kenny, [email protected].