David Cole thinks current law makes it too easy to be charged with that offense, and that some big names have put themselves in legal jeopardy:
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 United States government has labeled the Mujahedeen Khalq a “foreign terrorist organization,” making it a crime to provide it, directly or indirectly, with any material support. And, according to the Justice Department under Mr. Mukasey himself, as well as under the current attorney general, Eric Holder, material support includes not only cash and other tangible aid, but also speech coordinated with a “foreign terrorist organization” for its benefit. It is therefore a felony, the government has argued, to file an amicus brief on behalf of a “terrorist” group, to engage in public advocacy to challenge a group’s “terrorist” designation or even to encourage peaceful avenues for redress of grievances.
Imagine if a group of leading American liberals met on foreign soil with -- and expressed vocal support for -- supporters of a terrorist group that had (a) a long history of hateful anti-American rhetoric, (b) an active role in both the takeover of a U.S. embassy and Saddam Hussein's brutal 1991 repression of Iraqi Shiites, (c) extensive financial and military support from Saddam, (d) multiple acts of violence aimed at civilians, and (e) years of being designated a "Terrorist organization" by the U.S. under Presidents of both parties, a designation which is ongoing? The ensuing uproar and orgies of denunciation would be deafening.
But on December 23, a group of leading conservatives -- including Rudy Giuliani and former Bush officials Michael Mukasey, Tom Ridge, and Fran Townsend -- did exactly that.
Jacob Sullum wrote last May about how the War On Terrorism was morphing into a war on free speech.