Terrorist organizations: it
is a federal crime to “knowingly provide material support or resources to a
foreign terrorist organization.” 18 U. S. C. §2339B(a)(1); (…) to clarify that
a violation requires knowledge of the foreign group’s designation as a
terrorist organization or its commission of terrorist acts, §2339B(a)(1); the
material-support statute, §2339B, is constitutional as applied to the
particular forms of support that plaintiffs seek to provide to foreign
terrorist organizations; §2339B’s text, which prohibits “knowingly” providing
material support and demonstrates that Congress chose knowledge about the
organization’s connection to terrorism, not specific intent to further its
terrorist activities, as the necessary mental state for a violation; the statutory terms at issue here—“training,” “expert advice
or assistance,” “service,” and “personnel”—are quite different from the sorts
of terms, like “ ‘annoying’ ” and “ ‘indecent,’ ” that the Court has struck
down for requiring “wholly subjective judgments without statutory definitions,
narrowing context, or settled legal meanings.”; independently advocating for a
cause is different from the prohibited act of providing a service “to a foreign
terrorist organization.” §2339B(a)(1); Section 2339B does not prohibit
independent advocacy or membership in the PKK and LTTE. Rather, Congress has
prohibited “material support,” which most often does not take the form of
speech; the Court does not decide whether any future
applications of the material-support statute to speech or advocacy will survive
First Amendment scrutiny. It simply holds that §2339B does not violate the
freedom of speech as applied to the particular types of support these
plaintiffs seek to provide (U.S.S.Ct., 21.06.10, Holder v. Humanitarian Law
Project, C.J. Roberts).
Showing posts with label Terrorist organizations. Show all posts
Showing posts with label Terrorist organizations. Show all posts
Monday, June 21, 2010
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