http://www.nytimes.com/2011/01/03/opinion/03cole.html?nl=todaysheadlines&emc=tha212
Chewing Gum for Terrorists
By DAVID COLE
DID former Attorney General Michael Mukasey, former New York Mayor Rudolph Giuliani, Tom Ridge, a former homeland security secretary, and Frances Townsend, a former national security adviser, all commit a federal crime last month in Paris when they spoke in support of the Mujahedeen Khalq at a conference organized by the Iranian opposition group’s advocates? Free speech, right? Not necessarily.
The problem is that the
Don’t get me wrong. I believe Mr. Mukasey and his compatriots had every right to say what they did. Indeed, I argued just that in the Supreme Court, on behalf of the Los Angeles-based Humanitarian Law Project, which fought for more than a decade in American courts for its right to teach the Kurdistan Workers’ Party in
But in June, the Supreme Court ruled against us, stating that all such speech could be prohibited, because it might indirectly support the group’s terrorist activity. Chief Justice John Roberts reasoned that a terrorist group might use human rights advocacy training to file harassing claims, that it might use peacemaking assistance as a cover while re-arming itself, and that such speech could contribute to the group’s “legitimacy,” and thus increase its ability to obtain support elsewhere that could be turned to terrorist ends. Under the court’s decision, former President Jimmy Carter’s election monitoring team could be prosecuted for meeting with and advising Hezbollah during the 2009 Lebanese elections.
The government has similarly argued that providing legitimate humanitarian aid to victims of war or natural disasters is a crime if provided to or coordinated with a group labeled as a “foreign terrorist organization” — even if there is no other way to get the aid to the region in need. Yet The Times recently reported that the Treasury Department, under a provision ostensibly intended for humanitarian aid, was secretly granting licenses to American businesses to sell billions of dollars worth of food and goods to the very countries we have blockaded for their support of terrorism. Some of the “humanitarian aid” exempted? Cigarettes, popcorn and chewing gum.
Under current law, it seems, the right to make profits is more sacrosanct than the right to petition for peace, and the need to placate American businesses more compelling than the need to provide food and shelter to earthquake victims and war refugees.
Congress should reform the laws governing material support of terrorism. It should make clear that speech advocating only lawful, nonviolent activities — as Michael Mukasey and Rudolph Giuliani did in
At the same time, Congress also needs to reform the humanitarian aid exemption. It should state clearly that corporate interests in making profits from cigarettes are not sufficient to warrant exemptions from sanctions on state sponsors of terrorism. But Congress should also protect the provision of legitimate humanitarian aid — food, water, medical aid and shelter — in response to wars or natural disasters. Genuine humanitarian aid and free speech can and should be preserved without undermining our interests in security.
David Cole is a law professor at
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"The master class has always declared the wars; the subject class has always fought the battles. The master class has had all to gain and nothing to lose, while the subject class has had nothing to gain and everything to lose--especially their lives." Eugene Victor Debs
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