Part of Patriot Act Ruled Unconstitutional

sppunk · 01-26-2004, 05:01 PM

The court seems to have finally gotten something right.

Part of Patriot Act Ruled Unconstitutional

By LINDA DEUTSCH

LOS ANGELES (AP) - A federal judge has declared unconstitutional a portion of the USA Patriot Act that bars giving expert advice or assistance to groups designated foreign terrorist organizations.

The ruling marks the first court decision to declare a part of the post-Sept. 11 anti-terrorism statute unconstitutional, said David Cole, a Georgetown University law professor who argued the case on behalf of the Humanitarian Law Project.

In a ruling handed down late Friday and made available Monday, U.S. District Judge Audrey Collins said the ban on providing "expert advice or assistance" is impermissibly vague, in violation of the First and Fifth Amendments.

John Tyler, the Justice Department attorney who argued the case, had no comment and referred calls to the department press office in Washington. A message left there was not immediately returned.

The case before the court involved five groups and two U.S. citizens seeking to provide support for lawful, nonviolent activities on behalf of Kurdish refugees in Turkey.

The Humanitarian Law Project, which brought the lawsuit, said the plaintiffs were threatened with 15 years in prison if they advised groups on seeking a peaceful resolution of the Kurds' campaign for self-determination in Turkey.

The judge's ruling said the law, as written, does not differentiate between impermissible advice on violence and encouraging the use of peaceful, nonviolent means to achieve goals.

"The USA Patriot Act places no limitation on the type of expert advice and assistance which is prohibited and instead bans the provision of all expert advice and assistance regardless of its nature," the judge said.

Cole declared the ruling "a victory for everyone who believes the war on terrorism ought to be fought consistent with constitutional principles."

Nimrod · 01-26-2004, 05:04 PM

This doesn't do much, they can just reword it to make it less vague.

cap'n jazz · 01-26-2004, 05:14 PM

DESIGN THAT SCOOP, SPPUNK!

Junebug · 01-26-2004, 05:45 PM

thanks for the link/post. Isn't the act on borrowed time anyway or something like that? it's not going to be renewed is it? or am I going insane?

Nimrod · 01-26-2004, 05:47 PM

Quote:

Originally posted by Junebug
thanks for the link/post. Isn't the act on borrowed time anyway or something like that? it's not going to be renewed is it? or am I going insane?

Yes, it is. I believe it expires Dec 31, 2004, but I'm not positive on the date.

sppunk · 01-26-2004, 05:48 PM

Quote:

Originally posted by Nimrod
This doesn't do much, they can just reword it to make it less vague.

Another hearing in a few weeks lookign at further aspects of it. By the time it's done, I imagine 40 percent of the Act will be ruled unconstituional. It certainly should be.

I_was_aborted · 01-26-2004, 05:49 PM

Quote:

Originally posted by Junebug
thanks for the link/post. Isn't the act on borrowed time anyway or something like that? it's not going to be renewed is it? or am I going insane?

It all depends on who wins the election in 2004. If we keep Bush in office I think the act will be renewed or rewritten as something even more damaging to the United States way of life.

01-26-2004, 05:01 PM	#1
sppunk Netphoria's George Will Location: Fenway Park Posts: 37,125	Part of Patriot Act Ruled Unconstitutional The court seems to have finally gotten something right. Part of Patriot Act Ruled Unconstitutional By LINDA DEUTSCH LOS ANGELES (AP) - A federal judge has declared unconstitutional a portion of the USA Patriot Act that bars giving expert advice or assistance to groups designated foreign terrorist organizations. The ruling marks the first court decision to declare a part of the post-Sept. 11 anti-terrorism statute unconstitutional, said David Cole, a Georgetown University law professor who argued the case on behalf of the Humanitarian Law Project. In a ruling handed down late Friday and made available Monday, U.S. District Judge Audrey Collins said the ban on providing "expert advice or assistance" is impermissibly vague, in violation of the First and Fifth Amendments. John Tyler, the Justice Department attorney who argued the case, had no comment and referred calls to the department press office in Washington. A message left there was not immediately returned. The case before the court involved five groups and two U.S. citizens seeking to provide support for lawful, nonviolent activities on behalf of Kurdish refugees in Turkey. The Humanitarian Law Project, which brought the lawsuit, said the plaintiffs were threatened with 15 years in prison if they advised groups on seeking a peaceful resolution of the Kurds' campaign for self-determination in Turkey. The judge's ruling said the law, as written, does not differentiate between impermissible advice on violence and encouraging the use of peaceful, nonviolent means to achieve goals. "The USA Patriot Act places no limitation on the type of expert advice and assistance which is prohibited and instead bans the provision of all expert advice and assistance regardless of its nature," the judge said. Cole declared the ruling "a victory for everyone who believes the war on terrorism ought to be fought consistent with constitutional principles."

01-26-2004, 05:04 PM	#2
Nimrod Macho Business Donkey Wrestler Location: the cross i'm bearing home 'aint indicative of my place Posts: 5,410	This doesn't do much, they can just reword it to make it less vague.

01-26-2004, 05:14 PM	#3
cap'n jazz Socialphobic Location: FUCKING HELL Posts: 11,689	DESIGN THAT SCOOP, SPPUNK!

01-26-2004, 05:45 PM	#4
Junebug Minion of Satan Posts: 7,072	thanks for the link/post. Isn't the act on borrowed time anyway or something like that? it's not going to be renewed is it? or am I going insane?