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Court Affirms Ban on Aiding Groups Tied to Terror

Posted by on Jun 21st, 2010 and filed under War on Terror. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry

From the New York Times:

WASHINGTON — In a case pitting free speech against national security, the Supreme Court on Monday upheld a federal law that makes it a crime to provide “material support” to foreign terrorist organizations, even if the help takes the form of training for peacefully resolving conflicts.

Chief Justice John G. Roberts Jr., writing for the majority in the 6-to-3 decision, said the law’s prohibition of providing some types of intangible assistance to groups the State Department says engage in terrorism did not violate the First Amendment.

The decision was the court’s first ruling on the free speech and associations rights of Americans in the context of terrorism since the Sept. 11 attacks. The law has been an important tool for prosecutors: Since 2001, the government says, it has charged about 150 defendants for violating the material-support provision, obtaining about 75 convictions.

The court’s majority said deference to the other branches was called for, given the threat posed by terrorism.

“At bottom,” Chief Justice Roberts wrote, “plaintiffs simply disagree with the considered judgment of Congress and the executive that providing material support to a designated foreign terrorist organization — even seemingly benign support — bolsters the terrorist activities of that organization.”

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