|
|
|
|
||||
|
||||
The World We Live InOwen M. FissYale 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 Accepted Paper SeriesDate posted: September 10, 2011 ; Last revised: October 3, 2011Suggested CitationContact Information
|
|
||||||||||||||
© 2013 Social Science Electronic Publishing, Inc. All Rights Reserved.
FAQ
Terms of Use
Privacy Policy
Copyright
This page was processed by apollo5 in 0.797 seconds
