WASHINGTON — Rejecting a First Amendment challenge, the Supreme Court on Monday upheld a federal law that bans providing “material support” to terrorist organizations.
The decision was the court’s first ruling on the free speech and association rights of American citizens in the context of terrorism since the Sept. 11 attacks.
Chief Justice John G. Roberts Jr., writing for the majority in the 6-to-3 decision, said the law’s prohibition on providing some forms of intangible assistance to groups said by the State Department to engage in terrorism did not violate the First Amendment.
“At bottom, plaintiffs simply disagree with the considered judgment of Congress and the executive that providing material support to a designated foreign terrorist organization — even seemingly benign support — bolsters the terrorist activities of that organization,” the chief justice wrote. He was joined by Justices John Paul Stevens, Antonin Scalia, Clarence Thomas, Anthony M. Kennedy and Samuel A. Alito Jr.
“Given the sensitive interests in national security and foreign affairs at stake,” Chief Justice Roberts continued, “the political branches have adequately substantiated their determination that, to serve the government’s interest in preventing terrorism, it was necessary to prohibit providing material support in the form of training, expert advice, personnel, and services to foreign terrorist groups, even if the supporters meant to promote only the groups’ nonviolent ends.”
http://www.nytimes.com/2010/06/22/us/politics/22scotus.html?ref=global-home&pagewanted=print