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Supreme Court Upholds Patriot Act

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  • Supreme Court Upholds Patriot Act

    Judge Andrew Napolitan is spot-on in the video, he would have been a great choice for the Supreme Court in my opinion.

    In a 6-3 decision, the Supreme Court ruled Monday that a federal law making it a crime to provide "material support" to organizations designated as terrorist groups by the State Department is not unconstitutionally vague.

    The case, Holder v. Humanitarian Law Project, involved the case of a humanitarian group and other individuals that sought to help two groups designated as terrorist organizations - the Partiya Karkeran Kurdistan and the Liberation Tigers of Tamil Eelam. The PKK seeks to establish an independent state for Kurds in Turkey and the LTTE seeks the same for Tamils in Sri Lanka.

    The plaintiffs argued that the law banning support for such groups violated their freedoms of speech and association under the First Amendment because it didn't force the government to prove that the material support was intended to help "unlawful ends" and that the law was unconstitutionally vague. PBS Newshour.

    Writing for the majority, Chief Justice John Roberts rejected those claims.

    "Most of the activities in which plaintiffs seek to engage readily fall within the scope of the terms 'training' and 'expert advice or assistance.' Plaintiffs want to 'train members of [the] PKK on how to use humanitarian and international law to peacefully resolve disputes,' and 'teach PKK members how to petition various representative bodies such as the United Nations for relief,'" Roberts wrote.

    His opinion was joined by Justices Stevens, Scalia, Thomas, Kennedy and Alito.
    In his dissent, Justice Steven Breyer argued that the anti-terror support law could be unconstitutional.

    "I believe the Court has failed to examine the Government's justifications with sufficient care. It has failed to insist upon specific evidence, rather than general assertion. It has failed to require tailoring of means to fit compelling ends. And ultimately it deprives the individuals before us of the protection that the First Amendment demands," he wrote.

    His dissent was joined by Justices Sotomayor and Ginsburg.
    I agree with Breyer, Sotomayor and Ginsburg. The whole premise is based on a list of foreign terrorist organizations compiled by the US Department of State. How many times has our government backed a repressive foreign government just because they agreed with US economic or military policy? Then, of course, we label the group that opposes that government as terrorists.

    I'm not saying that there aren't some really bad groups on that list, because there are. It's just that the propensity to be selective about who you label as a terrorist and who you don't is questionable and political. Also, the groups that sued were only trying to get some of these so-called terrorist groups to stop their activities and try diplomacy or peaceful means, hardly aiding terrorists in my opinion.

    That might be fine if the ruling affected only actual support of terrorism, such as contributing money, arms, transportation or other aid to a terrorist organization. But the law goes further and the court did, too, ruling Monday that it's also illegal to provide expert advice to terrorist groups on how to peacefully resolve disputes, advocate politically for their supporters, or petition organizations such as the U.N. — all activities aimed at turning groups away from terrorism and deserving of First Amendment protection. USA Today.
    |TG-X| mp40x

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  • #2
    Re: Supreme Court Upholds Patriot Act

    Wow that judge is all over the media nowadays.

    When the power of love overcomes the love of power, the world will know peace. ~ Jimi Hendrix

    And isn't it a bad thing to be deceived about the truth, and a good thing to know what the truth is? For I assume that by knowing the truth you mean knowing things as they really are. ~ Plato




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