“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 Paris — is not a crime. The First Amendment protects even speech advocating criminal activity, unless it is intended and likely to incite imminent lawless conduct. The risk that speech advocating peace and human rights would further terrorism is so remote that it cannot outweigh the indispensable value of protecting dissent.
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.”
Posted on 4 January, 2011 by Mathias Vermeulen
According to David Cole in the NYT: