Humanitarian Law Project v. Reno

We consider whether Congress may, consistent with the First Amendment, prohibit contributions of material support to certain foreign terrorist organizations.

I

The Antiterrorism and Effective Death Penalty Act of 1996, Pub.L. No. 104-132, 110 Stat. 1214, known among the cognoscenti as AEDPA, authorizes the Secretary of State to “designate an organization as a foreign terrorist organization ... if the Secretary finds that (A) the organization is a foreign organization; (B) the organization engages in terrorist activity ...; and (C) the terrorist activity of the organization threatens the security of United States nationals or the national security of the United States.” AEDPA § 302(a), 110 Stat. at 1248 (codified at 8 U.S.C. § 1189 (a)).

This provision has teeth. AEDPA decrees punishment by fine, imprisonment for up to 10 years or both on “[w]hoever, within the United States or subject to the jurisdiction of the United States, knowingly provides material support or resources to a foreign terrorist organization, or attempts or conspires to do so.... ” AED-PA § 303(a), 110 Stat. at 1250 (codified at 18 U.S.C. § 2339B(a)(l)). The phrase “material support or resources” is broadly…