Go Hoyas! http://www.cnn.com/2004/LAW/01/26/patriot.act.ap/index.html Federal judge rules part of Patriot Act unconstitutional LOS ANGELES, California (AP) -- A federal judge has declared unconstitutional a portion of the USA Patriot Act that bars giving expert advice or assistance to groups designated international terrorist organizations. The ruling marks the first court decision to declare a part of the post-September 11, 2001 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."
Amen. I'm sure Bush, who is campaigning on the Patriot Act, for some reason unknown to me, will say something about mis-guided, activist judges, if he says anything at all.
This is *fantastic* news. FANTASTIC. This is another victory for the irrepressible American spirit of freedom over fear and tyranny.
maybe in small measure...but when i read this article earlier, i didn't even think it was worth posting here.
You could have gotten the scoop, Max. I think some of us are pleased because, even if it's a small part of the Patriot Act, it's a part that, at least to me, was clearly unconstitutional. "One small step for a man... "
I agree. It's a victory for our constitution. That's great news, no matter how small a part of the act it was.
fair enough...you're all right. it was certainly overly vague...and that is a problem with any piece of legislation..particularly the kind of legislation that aims to lock people up.
