49 Years of Impactful Scholarship

Volume 48, Issue 5

Targeting Speech: The Mis- and Unintended Use of Sanctions

This short Essay will focus on the impact of US sanctions on protected speech and association. The core argument is that US sanctions—directly and indirectly—restrict speech that should be protected by both the Constitution and statute, and chill a great deal more protected speech. The chilling effect of the economic sanctions administered by the US Treasury Department has been amplified by the categories of speech that are prohibited by the material support statute. Andresen argues that neither OFAC’s enforcement discretion nor its licensing policy are adequate safety valves when it comes to securing constitutionally protected speech.

Recommended Citation: Joshua Andresen, Targeting Speech: The Mis- and Unintended Use of Sanctions, 48 Fordham Int'l L.J. 1019 (2025).