Court weighs anti-terror law, free speech

[Dave Farber <dave () farber net>]

Begin forwarded message:

> From: "Lin, Herb" <HLin () nas edu>
> Date: February 24, 2010 11:14:28 AM EST
> To: dave () farber net, ip <ip () v2 listbox com>
> Subject: RE: [IP] Court weighs anti-terror law, free speech

> The simple answer is that many Supreme Court precedents demonstrate  
> that
> the right to free speech is not an absolute one, but rather one that  
> has
> to be weighed against other rights and societal interests.  On  
> occasion,
> there have been SC justices who have said that free speech IS an
> absolute right - that one should be allowed to say anything under any
> circumstances without fear of legal reprisal--but they have been in  
> the
> minority.
>
> Herb Lin
>
> -----Original Message-----
> From: Dave Farber [mailto:dave () farber net]
> Sent: Wednesday, February 24, 2010 10:54 AM
> To: ip
> Subject: [IP] Court weighs anti-terror law, free speech
>
>
>
>
>
> Begin forwarded message:
>
>
>
>    From: <mailto:bobr () bobrosenberg phoenix az us>
> bobr () bobrosenberg phoenix az us
>    Date: February 24, 2010 3:46:22 AM EST
>    To: Dave Farber <dave () farber net>
>    Subject: Court weighs anti-terror law, free speech
>
>
>
>    Dave
>
>    Perhaps for I.P.
>
>    IANAL, but I am confused.
>
>    In 8th grade at Osborn school here in Phoenix, lo these many
> decades ago, Lloyd
>    Wilhite taught us that the Constitution is the supreme law of
> the land.  He taught
>    us that the U.S. Code falls beneath the Constitution.
>
>    My confusion arises from the accompanying headline, "Court
> weighs anti-terror law,
>    free speech".  If I was taught correctly, it seems to me that
> the Constitution
>    prevails.
>
>    Can some lawyer(s) on I.P. set me straight?
>
>    Thanks!
>    Bob
>
>    --
>
>    Bob Rosenberg
>    P.O. Box 33023
>    Phoenix, AZ  85067-3023
>    Mobile:  602-206-2856
>    LandLine:  602-274-3012
>    bob () bobrosenberg phoenix az us
>
>    This message is hereby Creative Commons licensed:
> Attribution-NonCommercial
>
>
>
>    Court weighs anti-terror law, free speech
>
>    2 comments Feb. 24, 2010 12:00 AM
>    McClatchy-Tribune
>
> http://www.azcentral.com/arizonarepublic/news/articles/2010/02/24/201002
> 24scotus-terror0224.html
>
>    WASHINGTON - The Supreme Court struggled Tuesday to resolve a
> conflict between the
>    free-speech rights of a Los Angeles-based advocate for
> international peace and a
>    broad anti-terrorism law that makes it a crime to advise a
> foreign terrorist group,
>    even if it means advising its members to seek peace.
>
>    The justices sounded closely split between those who saw this as
> a terrorism case
>    and those who saw it as a free-speech case. A ruling in the case
> is expected in late
>    June.
>
>    U.S. Solicitor General Elena Kagan urged the court to uphold the
> broad sweep of the
>    terrorism law and to permit prosecutions of anyone who gives any
> support to a
>    terrorist group. She discounted the "supposed First Amendment
> claims" raised by
>    human-rights advocates.
>
>    "When you help Hezbollah build homes, you're helping them build
> bombs," she said.
>
>    But Georgetown law professor David Cole said the human-rights
> advocates he
>    represents are not interested in supplying bombs, but rather in
> urging foreign
>    groups to avoid violence and to take their disputes to the
> United Nations.
>
>    "They seek peaceful solutions to conflict. And they support only
> lawful activities,"
>    he said. Cole is representing the Humanitarian Law Project in
> Los Angeles and its
>    president, Ralph Fertig, a University of Southern California
> professor who has
>    advised the Kurds in Turkey.
>
>    In 1997, the State Department listed the Kurdistan Workers Party
> as a foreign
>    terrorist group, which meant Fertig could go to prison for
> giving "expert advice or
>    assistance" to Kurdish leaders.
>
>    "The government has been arguing for more than a decade that our
> clients cannot
>    advocate for peace," Cole said.
>
>
>
>
>
> Archives <https://www.listbox.com/member/archive/247/=now>
> <https://www.listbox.com/member/archive/rss/247/>
> <http://www.listbox.com>



-------------------------------------------
Archives: https://www.listbox.com/member/archive/247/=now
RSS Feed: https://www.listbox.com/member/archive/rss/247/
Powered by Listbox: http://www.listbox.com