-Caveat Lector-

Justices turn down challenge to ban on supporting groups considered terrorist

<http://www.nandotimes.com/nation/story/0%2C1038%2C500460042-500700631-503811885-0%2C00.html>


By LAURIE ASSEO, Associated Press

WASHINGTON (March 5, 2001) - The Supreme Court on Monday turned away a
free-speech challenge to a ban on contributing money, weapons or other
tangible support to foreign groups designated by the government as
terrorist organizations.
The court, without comment, rejected arguments that the law creates "guilt
by association" and bans aid even for lawful activities by such organizations.
The justices also rejected the government's bid to reinstate two provisions
of the law that a lower court barred from being enforced.
The measure is part of the 1996 Antiterrorism and Effective Death Penalty
Act and was designed to cut off support from within the United States for
foreign terrorism.
Under the law, the secretary of state can designate a group as a "foreign
terrorist organization" if it engages in terrorist activity that threatens
the security of the United States or its citizens.
It is a crime, punishable by up to 10 years in prison, to provide such
organizations tangible support such as money, weapons, false
identification, training or personnel. There is no ban on providing
medicine or religious materials.
The law was challenged by two U.S. citizens and six domestic organizations,
including the Humanitarian Law Project.
They said they wanted to provide support for lawful, nonviolent activities
by two groups designated as foreign terrorist organizations: the Kurdistan
Workers' Party in Turkey and the Liberation Tigers of Tamil Eelam in Sri
Lanka.
A federal judge in Los Angeles upheld most of the law, saying it did not
aim to suppress speech. However, the judge barred enforcement of the ban on
providing personnel or training. Those provisions were too vague, the court
said.
The 9th U.S. Circuit Court of Appeals affirmed the decision in March 2000,
saying "there is no constitutional right to facilitate terrorism by giving
terrorists the weapons and explosives with which to carry out their grisly
missions."
In the appeal acted on Monday, lawyers for the individuals and
organizations said the law "punishes moral innocents" and was similar to
McCarthy-era laws that punished association with the Communist Party.
Justice Department lawyers said people "remain free to align themselves
with designated organizations through expressions of solidarity and
advocacy of their causes."
------------
The cases are Humanitarian Law Project v. Ashcroft, 00-910, and Ashcroft v.
Humanitarian Law Project, 00-1077.

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