Petition against Antiterrorism Law ruling filed in US Supreme Court

[TamilNet, Sunday, 24 December 2000, 10:49 GMT]
Center for Constitutional Rights (CCR), a New York based non-profit organization, filed a petition with the United States Supreme Court asking the Court to exercise its discretion and review the decision of the United States Court of Appeals, Ninth Circuit, which ruled that Antiterrorism and Effective Death Penalty Act (AEDPA) does not violate the First and the Fifth Amendments of the US constitution, legal sources said.

Attorneys for plaintiffs in "Humanitarian Law Project vs Reno" sought in the Court of Appeals, in February 2000, to enjoin enforcement of prohibitions against providing material support or resources to foreign terrorist organization which were contained in the AEDPA.

Specific questions presented to the Courts were whether AEDPA violated the First and the Fifth Amendments (a) by criminalizing the provision of humanitarian aid to the lawful non-violent activities of selectively designated foreign organizations and (b) by delegating unfettered licensing discretion to the Secretary of State to designate groups as 'foreign terrorist organizations,' thereby criminalizing associational activity in support of their wholly lawful ends.

Judges D.W.Nelson, Kozinsky and Trott of the Court of Appeals in their 3rd March 2000 ruling, upheld an earlier District Court's ruling that the provisions at issue did not impose guilt by association and they did not unconstitutionally give the Secretary of State "unfettered discretion" to limit plaintiffs' right to associate with certain foreign organizations.

Judge Kozinski said that "while the First Amendment protects the expressive component of seeking and donating funds, expressive conduct receives significantly less protection than pure speech."

Visuvanathan Rudrakumaran, one of the attorneys for the plaintiffs said that although the Supreme Court accepts to hear only about 25% of cases submitted to them, since First Amendment issue is involved there is a high probability that Supreme Court will agree to hear this case.

Plaintiffs include five US-based Tamil Organizations and Dr. Jeyalingam, a Jaffna-born Tamil surgeon who is a naturalized US citizen.

Attorneys Professor David Cole (Georgetown University Law Center, Lead Counsel), Nancy Chang (CCR), Paul Hoffman, Carol Sobel and Rudrakumaran represented the petitioners.


Related Articles:
09.06.98   US Court rules on First Amendment case
20.03.98   US Antiterrorism Law challenged in courts

 

Latest 15 Reports
22.07.16 19:47   Photo
Tamil student leaders in Jaffna condemn SL Governor Cooray’s remarks in Colombo
21.07.16 01:26  
University engineers not learning lessons
21.07.16 00:21   Photo
Tamil politicians blame SL Military for enticing Sinhala students with triumphalist chauvinism
20.07.16 16:39   Photo
Tamil fishermen rise up against Colombo's move to permanently militarise Pa'l'li-munai in Mannaar
20.07.16 15:21   Photo
NPC demands CoI to go beyond criminal investigations on Jaffna University clash
19.07.16 23:15  
Sinhala-Tamil student clash in Jaffna exposes dangerous proportions of military occupation
18.07.16 18:01   Photo
‘SL President sanctioning 67-feet Buddha statue off Jaffna is act of aggression’
17.07.16 23:46  
Eastern University instructs assaulted Tamil student to attend investigations in Colombo
16.07.16 13:37   Photo
SL military-backed Sinhala students clash with Tamil students in Jaffna University
15.07.16 23:51   Photo
Encouraged by US appeasement, SL military strengthens genocidal grip on North
14.07.16 23:52  
SL Commander of 58 Division twists lists at Mullaiththeevu Magistrates’ Court
13.07.16 23:31   Photo
SL military deployed to rob material remains of houses in Valikaamam North ‘HSZ’ 
12.07.16 13:10   Photo
Colombo demonstrates military diktats over resettlement in Jaffna after Geneva ‘update’
11.07.16 23:03   Photo
Sinhala goons, monk erect Buddha statue by force at coastal Tamil village in East
10.07.16 23:14  
Eezham Tamils fleeing persecution expose ICE-nexus with genocidal Sri Lanka
 
Find this article at:
http://www.tamilnet.com/art.html?catid=13&artid=5678