2017 U. Ill. L. Rev. 1733 (2017)
Muslim Bans and the (Re)Making of Political Islamophobia

handle is hein.journals/unilllr2017 and id is 1774 raw text is: 








MUSLIM BANS AND THE
(RE)MAKING OF POLITICAL
ISLAMOPHOBIA

                                                Khaled A. Beydoun*


       Fear and suspicion of Islam, or Islamophobia, occupied cen-
  ter stage on the 2016 presidential campaign. Republican presidential
  candidates, most notably Donald Trump, upped the ante on the rhet-
  oric targeting Islam and Muslims, during an impasse when fears of
  terrorism and homegrown  radicalization are at a climax. Calls for
  Muslim  immigration bans and  making the desert glow manifest
  the intense political Islamophobia which gripped the 2016 presidential
  campaign. Although  the blatant fear and animus has spiraled to new
  lows, a close examination of American legal history reveals that this
  rhetoric is neither aberrant nor novel-but rather an outgrowth of
  formative law and current policy.
       This Article argues that the emergence of political Islamophobia
  is first facilitated by legal and political baselines-deeply embedded
  in American legal, media, and political institutions-that frame Islam
  as un-American,   and  Muslims  as presumptive  national-security
  threats. Second, it is enabled by the expansion of modern law and
  policy that marks Islam as an extremist ideology that spawns radical-
  ization.
       Furthermore, this Article examines how the dialectic between
  state policy and political rhetoric targeting Muslims is a synergistic
  and symbiotic one, whereby the former endorses and emboldens the
  latter. Framing the Islamophobic rhetoric that emanated from the
  2016 presidential campaign as an outgrowth of preexisting law and
  policy, instead of outlier speech, renders a better understanding of
  that rhetoric's purpose, impact, and interplay with standing policies
  that target Muslims Americans.


1733


    * Associate Professor of Law, University of Detroit Mercy School of Law; Affiliated Faculty,
University of California-Berkeley, Islamophobia Research & Documentation Project (IRDP).

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