Upcoming SCOTUS Case: Holder v. Humanitarian Law Project (First Amendment)

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Posted: Feb 22, 2010 3:32 PM
Guest post from Ken Klukowski

Getting ready for SCOTUS tomorrow.

Not much to report from the Court today. Decisions came down in two cases, both important but not particularly newsworthy. Court heard argument in employment discrimination case against Chicago. Lawyer for Chicago was Benna Ruth Solomon, who is the counsel of record for Chicago on the Chicago gun ban case McDonald v. Chicago that SCOTUS will hear next Tuesday. (I’ll be attending argument, and will report afterward.)

But tomorrow there will be a big case: Holder v. Humanitarian Law Project. At issue is a group advocating the use of international law and nonviolent measures to settle conflicts. But under federal law, if they communicate with a group designated as a terrorist organization by the U.S. government, such discussions can be prosecuted as a felony for giving “training,” “expert advice or assistance,” or “service” to terrorists. The question before the Court is whether that federal law, which is part of the Antiterrorism and Effective Death Penalty Act, is too vague to be constitutional because it’s unclear how broad the law goes, and could infringe on First Amendment free speech rights.

Should be interesting. I’ll be at oral arguments for it in the morning. Also possible that some decisions in pending cases will come down tomorrow as well.