Advising terrorism – hybrid scrutiny, safe harbors, and freedom of speech

SSRN
has published new scholarship from Peter Margulies analyzing the
Supreme Court decision in Humanitarian Law Project v. Holder (HLP)
upholding a statute that bars “material support” of terrorist
organizations. Some commentators have labeled HLP as heralding a new
McCarthyism. Margulies argues that such critics overlook the tailored
quality of the decision’s hybrid scrutiny model, its roots in the
Framers’ concerns about foreign influence, and its surprising parallels
with constitutional justifications for professional regulation. H/T Georgetown SLB.

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