Check out Glenn Greenwald’s discussion of a SCOTUS decision that blesses a “terrorism” law that clearly infringes on the First Amendment, in conjunction with blatant violations of that law by Washington insiders.
Incredibly, the law allows the prosecution of people involved in pure political speech.
In June, 2010, the U.S. Supreme Court issued its 6-3 ruling in the case of Holder v. Humanitarian Law. In that case, the Court upheld the Obama DOJ’s very broad interpretation of the statute that criminalizes the providing of “material support” to groups formally designated by the State Department as Terrorist organizations. The five-judge conservative bloc (along with Justice Stevens) held that pure political speech could be permissibly criminalized as “material support for Terrorism” consistent with the First Amendment if the “advocacy [is] performed in coordination with, or at the direction of, a foreign terrorist organization” (emphasis added). In other words, pure political advocacy in support of a designated Terrorist group could be prosecuted as a felony — punishable with 15 years in prison — if the advocacy is coordinated with that group.
Until recently, only Muslims have been prosecuted for engaging in this activity, not Washington Insiders. That might be about to change, leading various Washington insiders to invoke the First Amendment.
Category: Civil Rights