“Support for terrorism” too vague and sweeping
Is mere speech sufficient to warrant a criminal conviction?
“In February, the Supreme Court will hear on appeal what many consider to be among the most important cases that speaks to the constitutionality of political speech in recent times, Holder v. Humanitarian Law Project.
The plaintiff in the case, Humanitarian Law Project, is a human rights group that often consults with the United Nations, and that has in the past assisted the Kurdistan Workers’ Party, as well as the Liberation Tigers of Tamil Eela. They, along with administrative law judges and others, have had their right to free association challenged under legislation that dates back to Newt Gingrich’s Contract with America, and the mid-1990’s, in the aftermath of the Oklahoma City bombing; legislation that was signed into law by then President Bill Clinton.
The “Anti-Terrorism and Effective Death Penalty Act” was unmistakeably every inch a bipartisan effort, and is easily recognizable as the precursor to the USA Patriot Act. The objective of AEDPA was to cut off all sources of material assistance to any groups the State Department deems to be sources of international terror.
According to Free Expression Policy Project, the measure empowers the State Department to construct a list of “foreign terrorist organizations,” and criminalize any “material support” to these groups. While parts of the law were struck down several times by federal courts, plaintiffs in Holder v. Humanitarian Law Project are taking legislation that has had the chilling effect of derailing the First Amendment all the way to the Supreme Court.
So, on February 23rd, the highest court in the land will get to decide whether any of the four provisions of AEDPA constitute criminal activity. The penalty for being convicted of providing material support to a State Department blacklisted group can be as much as fifteen years behind bars. The definition of terrorism is said to be simply “any actual or threatened use of a weapon against people or property.”
Two years ago, an appeals court found much of the law to be “unconstitutionally vague,” and it will soon be the Supreme’s turn up at bat to hear a challenge to a measure that, in the words of attorney for the plaintiffs, is “so sweeping that it treats human rights advocates as criminal terrorists…and makes advocating human rights or other lawful, peaceable activity a crime simply because it is done for the benefit of, or in conjunction with, a group the Secretary of State has blacklisted.”
Rather a wonder that there’s no mention of the ACLU here. What am I missing?
Posted by John Ray (M.A.; Ph.D.). For a daily critique of Leftist activities, see DISSECTING LEFTISM. To keep up with attacks on free speech see TONGUE-TIED. Also, don’t forget your daily roundup of pro-environment but anti-Greenie news and commentary at GREENIE WATCH . Email me here
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Posted by JonJayRay on December 29, 2009 4:37 am
» Filed Under 1st Amendment, ACLU, Anti-free speech, DoJ, National Security, News, State Dept., Supreme Court, U.S. Constitution, UN, Unconstitutional, Where's the ACLU, terrorism
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