In its most significant ruling on free speech rights in terrorism cases, the Supreme Court on Monday upheld the constitutionality of a federal law that makes it a crime to provide “material support” to foreign terrorist groups.
The case, Holder v. Humanitarian Law Project, was brought by an American organization that sought to teach members of the Kurdish Workers’ Party (known as the P.K.K.) how to resolve disputes under international law and engage in political advocacy on behalf of Kurds in Turkey. The P.K.K. has been designated a foreign terrorist group by the State Department.
In the 6-3 majority opinion, Chief Justice John Robers wrote that barring such “expert advice or assistance” and “service” did not violate the First Amendment, “even if the supporters meant to promote only the groups’ nonviolent ends.”
What are the implications for the free speech and association rights of Americans?
David Cole, Georgetown University Law Center
Andrew C. McCarthy, legal affairs editor at National Review
Richard A. Epstein, University of Chicago Law School
Stephen I. Vladeck, American University Washington College of Law
Robert Chesney, University of Texas School of Law
Diane Marie Amann, law professor, University of California, Davis
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