Sahar F. Aziz (Tex. Wesleyan U. School of Law) has posted Countering Religion or Terrorism? Selective Enforcement of Material Support Laws Against Muslim Charities. The abstract follows.
The laws that prohibit providing material support to terrorism are the linchpin of the preventive counterterrorism paradigm. These laws are often the fall-back criminal provisions employed when the government cannot prove terrorism charges. But they are so broad and vaguely worded that they effectively criminalize a myriad of activities that would otherwise be constitutionally protected. Moreover, as the government is not statutorily required to prove that the defendant had a specific intent to support terrorism, it has carte blanche to prosecute a broad range of legitimate activities, such as charitable giving, peace building, and human rights advocacy. The Department of Justice, with the Supreme Court’s blessing, has consequently criminalized training and advocacy in support of nonviolence on the justification that such activities legitimize a designated group or individual. The government’s standards for what it deems as “legitimizing” are so broad that then- Solicitor General Elena Kagan went so far as to call for prosecuting lawyers for filing an amicus brief on behalf of a terrorist organization. Read more