US Supreme Court upholds law barring material support’ for terror groups
June 22nd, 2010 - 2:04 pm ICT by ANI ( Leave a comment )Washington, June 22 (ANI): The U.S. Supreme Court has upheld a key provision of the Patriot Act that makes it a crime for humanitarian groups to provide material support, including expert advice, to any individual who could potentially be connected to government-designated terrorist groups.
The apex court passed a ruling to this effect by a six to three majority, ABC News reports.
Humanitarian groups had argued that this provision violated their First Amendment rights to provide nonviolent conflict resolution to groups that have terrorist designations but also work for humanitarian purposes.
But Chief Justice John Roberts, writing for the majority, said that it is difficult to segregate the legitimate activities of some groups from their support of terrorism, and warned that material support “frees up” other resources within the organization that may be put to violent ends.
“Given the sensitive interests in national security and foreign affairs at stake, the political branches have adequately substantiated their determination that, to serve the government’s interest in preventing terrorism it was necessary to prohibit providing material support in the form of training, expert advice, personnel and services to foreign terrorists groups, even if the supporters meant to promote only the groups’ nonviolent ends,” Roberts wrote.
Justice Stephen Breyer, who was joined by Justices Ruth Bader Ginsburg and Sonia Sotomayor in the dissenting opinion, took the unusual step of reading his dissent from the bench.
“I believe application of the statute as the government interprets it would gravely and without adequate justification injure interests of the kind the First Amendment protects,” said Breyer.
“The government has not made the strong showing necessary to justify under the First Amendment the criminal prosecution of those who engage in these activities. All the activities involve the communication and advocacy of political ideas and lawful means of achieving political ends,” he said.
Ralph Fertig, president of the Humanitarian Law Project, brought the case to the high court, arguing that for years he strived toward non-violent dispute resolution in his work with Kurds in the United States and abroad. He trained them to use international law as a means to resolve their claims of oppression in southeastern Turkey.
The so-called material support law was passed before 9/11 but was strengthened by the Patriot Act. (ANI)
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Tags: abc news, adequate justification, apex court, chief justice john roberts, criminal prosecution, dissenting opinion, first amendment rights, humanitarian groups, humanitarian purposes, john roberts, justice stephen breyer, legitimate activities, material support, nonviolent conflict resolution, ruth bader ginsburg, sonia sotomayor, stephen breyer, terror groups, terrorist groups, violent ends