Holder V. Humanitarian Law Project

Criminalizing Speech: A Necessary Evil
bearer v. Humanitarian truth Project

Jerry W. Chappell II*

I.Introduction
International terrorism is a serious b different that threatens the safety of the United States and its citizens.[1] With the signing of our Constitution in 1787, the nation ordained and established a skeletal system of government to, among other things, provide for the common defense.[2] The Constitution gives Congress the power to criminalise the provision of material support to irrelevant organizations that engage in terrorist activity.[3] Exercising that power, Congress enacted the material-support formula.
Holder v. Humanitarian Law Project[4] concludes a twelve-year history of complicated litigation surrounding the material-support statute.[5] The plaintiffs in Holder claimed the statute was un naturally vague and violated their First Amendment rights to liberty of speech and association.[6] However, the Supreme Court held that Congress had acted within their constitutional limitations, and the material-support statute was constitutional as it applied to the particular form of material support the plaintiffs sought to provide certain foreign terrorist organizations.



[7]
This case note examines the Supreme Courts notion in Holder, analyzing the absolute majoritys
line of reasoning concerning the challenges to the material-support statute and the stands
opposing, yet understandable, interpretation of the statute. Part II will wrangle the facts behind Holder and the material-support statute. Furthermore, it will summarize the extensive adjective history behind Holder, including the congressional amendments to the material-support statute, culminating with the Supreme Courts grant of certiorari. Next, Part III will lead with the plaintiffs challenges regarding the material-support statute and follow with how the majority and the dissent analyzed those challenges. Finally, Part IV will conclude this case note explaining why the majority had...If you want to get a full essay, order it on our website: Ordercustompaper.com



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