ACLJ Demands That Army Immediately Apologize for Classifying Operation Rescue as a "Terrorist Group"

The ACLJ has taken legal action on behalf of our client, Operation Rescue, which was unjustly targeted by the U.S. Army as a “terrorist group[].” We sent a Freedom of Information Act (FOIA) request when it was first revealed that the Army had ridiculously and without basis targeted Operation Rescue, a number of other pro-life groups, pro-life sidewalk counselors (who we represent at the Supreme Court), and anyone with a “Choose Life” license plate as “terrorist groups” in an official military training program. We are now taking further legal action, demanding legal accountability.

In a disturbing development that strikes at the heart of our constitutional freedoms, it has come to light that the United States Army has been using training materials at Fort Liberty (formerly Fort Bragg) that label pro-life groups, including our client Operation Rescue, as “terrorist groups.” The Secretary of the Army has already admitted that this egregious mischaracterization has been going on “for at least the last seven years,” raising serious questions about the erosion of religious liberty and freedom of speech within our armed forces. These slides singling out Operation Rescue for disfavored treatment because of their political advocacy against the now-overruled decision in Roe v. Wade constitute an egregious violation of our client’s First Amendment right to engage in advocacy.

The idea that those who stand for the sanctity of life – a fundamental tenet of many faiths and a constitutionally protected belief – could be equated with terrorists is not only factually incorrect but also represents a dangerous conflation of peaceful advocacy with violent extremism. This situation is reminiscent of past attempts by government entities to stigmatize and marginalize conservative and Christian viewpoints. It echoes the IRS Tea Party targeting scandal, where we defended conservative groups who were targeted for unconstitutional scrutiny, and it aligns with a broader pattern of hostility toward traditional values in various government institutions.

The United States Army has far greater power and authority than any state agency. When it speaks, it speaks with the authority of the United States government. When it acts, it acts with the capacity of the greatest military in the world. Accordingly, when it falsely identifies an organization as a terrorist group, until that identification is disclaimed, the entire weight and authority of the United States military is behind that identification. Our demand letter emphasized how egregious such a label is:

[T]hese Army officials did not merely identify our client and the other pro-life groups as terrorist organizations as if in some passive statement of opinion – which itself would have been problematic. Instead, they used these materials to train soldiers as they prepare to take on installation access control duties, warning them to consider our client a terrorist organization as they go about their duties. In other words, you were fortifying the access points of Fort Liberty so that a pro-life individual attempting to enter would be considered a terrorist on the same level of Hamas. And you have [publicly] admitted that this identification has been going on for seven years. The full effects of this cannot be known, but they are inevitably catastrophic; for example, a family member of a service member could easily have been denied access, based on this identification of Operation Rescue as a terrorist organization.

The Army designated Operation Rescue as a terrorist organization because of its pro-life advocacy. The Army made no legal or due process available to Operation Rescue. All core constitutional protections have been evaded by its passive-aggressive terrorist labeling tactics. In fact, there are more legal processes available to actual foreign terrorist organizations to challenge their adjudication as such than there are to Operation Rescue, designated a terrorist organization for its political activity.

While Secretary of the Army Christine Wormuth has since stated that “National Right to Life and PETA are not terrorist groups,” she specifically did not mention our client (Operation Rescue) and many other pro-life groups and individuals – including those with “Choose Life” license plates – which the Army has also been labeling as “terrorist groups” for the last seven years, in her response.

Our legal letter demanded that the Army immediately apologize and acknowledge in writing that none of the pro-life organizations it named are considered domestic terrorist organizations by the United States Army, including specifically our client, Operation Rescue. It must provide assurances that such baseless labeling and training will not reoccur. Without this, the threat and stigma of being identified as a terrorist organization remains.

We urge all concerned citizens to join us in demanding transparency and accountability from the Army. Your voice matters in this crucial fight for our values and our Constitution. We are prepared for legal action if we do not receive an appropriate response.