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HOLDER v. HUMANITARIAN LAW PROJECT: JUSTICE BREYER, DISSENTING
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Journal Article
HOLDER v. HUMANITARIAN LAW PROJECT: JUSTICE BREYER, DISSENTING
2014
Overview
In Holder v. Humanitarian Law Project, the Project and some other organizations and individuals working in international human rights asked for guidance about whether they could continue their work without violating 18 USC § 2339B(a)(I) (2012), which makes it a crime to \"knowingly provide material support or resources to a foreign terrorist organization.\" The penalty for conviction extends to fifteen years imprisonment and fines. The plaintiffs sought an injunction to prevent the Government from enforcing the ban against their speech-related activities. Usually, the federal courts discourage pre-violation challenges to criminal statutes, preferring to rule upon their meaning and constitutionality only after specific facts are at issue and a prosecution has taken place. In this case, however, the Court ruled in the abstract concerning the legality of the plaintiffs' proposed actions. It proceeded to uphold the prohibition of material support as applied even to the plaintiffs' speech activities. Justice Breyer wrote the sole dissenting opinion, which was joined by Justices Ginsburg and Sotomayor.
Publisher
The Harvard Law Review Association,Harvard Law Review Association
Subject
