Counter-terrorism and the Regulation of Civil Society in the USA

摘要

This article examines the impact of counter-terrorism measures on non-profit regulation in the USA, where some of the most interventionist legal and policy responses took hold soon after the brutal attacks of September 2001. It highlights the sternness of these measures by comparing the US approach to counter-terrorism and charity regulation with that of the UK. It suggests that the different institutional arrangements for charity regulation in the two countries account in part for different treatment and policy choices, with implications for civil society groups working domestically and overseas. The article particularly analyses the impact of legislation and policy on the American philanthropic sector, and the responses of civil society to measures enacted and undertaken in the USA. It argues that groups directly affected by the new legislation and hardened policy, especially Muslim charities and some civil liberties group, have openly resisted these measures, while mainstream non-profit sector and philanthropic institutions have often acquiesced in the introduction of new policies, 'guidelines' and legislation, opposing them only when they felt directly threatened.