Holder V. Humanitarian Law Case Summary

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Criminalizing Speech: A Necessary Evil Holder v. Humanitarian Law Project Jerry W. Chappell II* I. Introduction International terrorism is a serious problem that threatens the safety of the United States and its citizens.[1] With the signing of our Constitution in 1787, the People ordained and established a form of government to, among other things, “provide for the common defense.”[2] The Constitution gives Congress the power to criminalize the provision of material support to foreign organizations that engage in terrorist activity.[3] Exercising that power, Congress enacted the material-support statute. Holder v. Humanitarian Law Project[4] concludes a twelve-year history of complicated litigation surrounding the material-support…show more content…
. . District Court held that plaintiffs had sufficiently demonstrated a “genuine threat of imminent prosecution . . . as because § 2339B had the potential to chill plaintiffs’ protected speech.” 130 S. Ct. at 2715; see also, 309 F. Supp. 2d at 1194. [33] 130 S. Ct. at 2715; see also, 309 F. Supp. 2d at 1201 (again denying the plaintiffs’ First Amendment claims that the amended definition was substantially overbroad and criminalized “associated speech.”) [34] 130 S. Ct. at 2715. [35] Id. (concerning the terms “personnel” and “training”). [36] Id. at 2715; see also, Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA), Pub. L. No. 108-458, § 6603, 118 Stat. 3762-64 (adding “to violate this paragraph a person must have knowledge that the organization engages in terrorist activity . . . .) (emphasis added); see also, § 2339B(a)(1) [37] See 130 S. Ct. at 2715; IRTPA § 6603(c)(2). [38] See 130 S. Ct. at 2715; IRTPA § 6603(b); see also, § 2339A(b)(1) (adding the term “service”). [39] “[T]he term “training” means instruction or teaching designed to impart a specific skill, as opposed to general knowledge . . .” See 130 S. Ct. at 2715; IRTPA § 6603(b); see also, §

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