In case you missed it, the New York Times had an interesting article last week about the Holder v. New Humanitarian Law Project case. The case concerns Ralph Fertig, who would like to provide support to the Kudistan Workers’ Party (PKK) to help them peacefully achieve their objectives. However, Fertig’s endeavor may be illegal, as the U.S. dubbed the PKK a terrorist organization in 1997. As the Times reports:
Mr. Fertig is president of the Humanitarian Law Project, a nonprofit group that has a long history of mediating international conflicts and promoting human rights. He and the project, along with a doctor and several other groups, sued to strike down the material-support law in 1998.
Two years earlier, passage of the Antiterrorism and Effective Death Penalty Act had made it a crime to provide “material support” to groups the State Department had designated as “foreign terrorist organizations.” The definition of material support included “training” and “personnel.” Later versions of the law, including amendments in the USA Patriot Act, added “expert advice or assistance” and “service.”
As the Times notes, with this case, the War on Terror “collides” with the right of free speech. The Supreme Court will hear oral arguments on the morning of February 23. It will be interesting to see what the court decides.
