Appeals court says some Patriot Act provisions unconstitutional

[Newsjock]

Source: Associated Press

Los Angeles (AP) -- A federal appeals court ruled Monday that some portions of the U.S. Patriot Act that govern dealings with foreign terrorist organizations are unconstitutional because the language is too vague to be understood by a person of ordinary intelligence.

The ruling released Monday by the 9th U.S. Circuit Court of Appeals in San Francisco affirms a 2005 decision by U.S. District Judge Audrey Collins.

Collins ruled on a petition seeking to clear the way for U.S. groups and individuals to assist organizations in Turkey and Sri Lanka with training on applying for disaster relief or conducting peace negotiations.

Collins said language in the Patriot Act was vague on matters involving training, expert advice or assistance, personnel and service to foreign terrorist organizations.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2007/12/10/state/n152850S48.DTL&type=politics

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Additional story from the SF Chronicle:
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/12/10/BAK4TRLG2.DTL&tsp=1

A law that makes it a crime to help groups that the U.S. government considers terrorist is unconstitutionally vague and could punish Americans for advising organizations about nonviolent methods, a federal appeals court ruled Monday.

The decision by the Ninth U.S. Circuit Court of Appeals in San Francisco invalidated portions of a 1996 federal anti-terrorism law and a set of amendments in 2004. The law prohibits knowingly providing "material support or resources" to a foreign organization on the State Department's terrorist list.

Those terms are so unclear, the court said, that they might be used to prosecute and imprison those who trained members of foreign organizations on "how to use humanitarian and international law to peacefully resolve ongoing disputes," or on how to lobby the United Nations for disaster relief. Violations of the law are punishable by up to 15 years in prison.

"This statute essentially allows for guilt by association," said Shayana Kadidal of the Center for Constitutional Rights, a lawyer for the plaintiffs. Although the court did not overturn the entire law, he said, it struck down portions that would outlaw "humanitarian aid of the sort that we would want to encourage."

[MannyGoldstein]

1. Thank God The Courts Are Still Functioning

The Founders were brilliant - it's the one branch of government that still functions.

[ChairmanAgnostic]

3. especially with the 2 USSC decisions earlier today.

Hell, I never thought I'd be grateful for John Ashcroft - and there it was. He WANTED to protect the constitution. Or at least against Gonzo and hadley and other war criminals.

and now this? wow.

[maddezmom]

2. K&R

:kick:

[shenmue]

4. It's about time

That's one of the few courts that sometimes makes sense.

[tbyg52]

5. A person of average intelligence can understand it

It's a power grab pushed through on pure fear.

[lovuian]

6. Woohoo Judges

:woohoo:

[bluesmail]

7. yeah, thank a god, thought I was losing it

[aquart]

8. Did a branch of our gov't say something SANE????

How did that happen?

[scarface2004]

9. next up .... the cretin in the whitehouse is unconstitutional!!

and will be shipped to bagdhad immediately!!