Fortify Rights CEO and fellow human rights advocate’s central claims move forward
(September 30, 2026)—A federal court in Maine rejected the Trump administration’s effort to dismiss the central claims in a lawsuit challenging President Donald Trump’s sanctions targeting the International Criminal Court (ICC), Fortify Rights said today.
The September 28 ruling allows the challenge brought by Fortify Rights founder and CEO Matthew Smith and international human rights lawyer Akila Radhakrishnan to proceed. The American Civil Liberties Union and ACLU of Maine represent both plaintiffs in Smith v. Trump.
“In my work, I help the ICC investigate hideous crimes committed against the people of Myanmar, including mass murder, torture, and human trafficking,” said Matthew Smith, founder and CEO of Fortify Rights. “This Executive Order undermines international justice efforts and obstructs the path to accountability for communities facing unthinkable horrors.”
The lawsuit challenges Executive Order 14203, issued on February 6, 2025, which threatens penalties for communications with the ICC’s Office of the Prosecutor, including sharing evidence, expert analysis, and legal advice. The plaintiffs argue that these restrictions violate the First Amendment of the U.S. Constitution and exceed the authority granted by federal law.
The ruling is not a final decision on the legality of the restrictions. However, the court found a strong likelihood that the executive order violated the plaintiffs’ First Amendment rights. It also rejected the administration’s arguments that the plaintiffs lacked standing and that their claims were premature.
“The government’s attempt to dismiss our clients’ claims was both predictable and meritless,” said Charlie Hogle, staff attorney with ACLU’s National Security Project. “The First Amendment doesn’t allow the government to impose sweeping limits on what Americans can say and who they can say it to. We’re pleased our clients can continue their important work, and we look forward to continuing to vindicate their rights in court.”
A July 2025 preliminary injunction continues to prohibit the administration from punishing Smith and Radhakrishnan for their communications with the ICC while the case proceeds.
