University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 2011 The Signaling Function of Religious Speech in Domestic Counterterrorism Aziz Huq Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Aziz Huq, "The Signaling Function of Religious Speech in Domestic Counterterrorism," 89 Texas Law Review 833 (2011). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact
[email protected]. The Signaling Function of Religious Speech in Domestic Counterterrorism Aziz Z. Huq* A wave of attempted domestic terrorism attacks in 2009 and 2010 has sharpened attention to the threat of domestic-source terrorism inspired or directed by al Qaeda. Seeking to preempt that terror, governments face an information problem. They must separate signals of terrorism riskfrom po- tentially overwhelming background noise and persuadejuries or fact finders that those signals warrant coercive action. Selection of accurate signals of terrorism danger in the information-poor circumstances of domestic counterterrorismis arguably a central challenge today for law enforcement tasked with preventing further terrorist attacks. To an underappreciated extent, governments have used religious speech as a proxy for terrorism risk in order to resolve this signaling problem. This Article analyzes the legal and policy significance of state reliance upon religious speech as a predictor of terrorism risk. Constitutional doctrine under the Religion Clauses does recognize interests implicated by the signalingfunction of religious speech.