Abstract

http://ssrn.com/abstract=1920961
 
 

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The World We Live In


Owen M. Fiss


Yale University - Law School

March 1, 2011

Temple Law Review, Vol. 83, No. 2, pp. 295-308, Winter 2011
Yale Law School, Public Law Working Paper No. 239

Abstract:     
This Essay focuses on a threat to our constitutional order - the curtailment of freedom of speech in the name of fighting terrorism. Specifically, my subject is the Supreme Court’s decision last June in Holder v. Humanitarian Law Project, which upheld the authority of Congress to criminalize political advocacy on behalf of foreign terrorist organizations. Like warrantless wiretapping, the risk of a criminal prosecution for political advocacy - for example, an utterance by an American citizen in an American forum that a foreign terrorist organization has a just cause - poses a threat to our democracy, but the danger is greater. The risk of warrantless wiretapping inhibits speech; the risk of a criminal prosecution stops it altogether.

Number of Pages in PDF File: 15

Keywords: War on Terror, freedom of speech, Holder v. Humanitarian Law Project, Supreme Court

JEL Classification: K30

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Date posted: September 10, 2011 ; Last revised: October 3, 2011

Suggested Citation

Fiss, Owen M., The World We Live In (March 1, 2011). Temple Law Review, Vol. 83, No. 2, pp. 295-308, Winter 2011; Yale Law School, Public Law Working Paper No. 239. Available at SSRN: http://ssrn.com/abstract=1920961

Contact Information

Owen M. Fiss (Contact Author)
Yale University - Law School ( email )
P.O. Box 208215
New Haven, CT 06520-8215
United States

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