Criminalization of Political & Religious Speech - Material Support, Threats & Incitement

In addition, several criminal statutes exist to prosecute the provision of material support to foreign terrorist organizations. 18 U.S.C. 2339A, 2339B, 2339C, and 2339D. 18 U.S.C. 2339B prohibits any form of support to a designated foreign terrorist organization, including speech on behalf of the organization. The statute was immediately challenged on constitutional grounds and after successful challenges, amended. The amended version was ultimately upheld by the Supreme Court in Holder v. Humanitarian Law Project, 561 U.S. 1 (2010). The amended version of § 2339B prohibits all forms of speech “to, under the direction of, or in coordination with foreign groups that the speaker knows to be terrorist organizations.” Id. at 4. This can include activity like sharing contact information, posting news updates on behalf of the organization, and opening social media accounts for the organization. But, the statute does not restrict “independent advocacy, or indeed any activities not directed to, coordinated with, or controlled by foreign terrorist groups.” Id. at 5-6.

MLFA’s criminal defense department is committed to educating the public on the limitations of this statute and defending individuals charged under § 2339B based on their independent speech.

For the past 20 years, MLFA has provided criminal defense in conjunction with advice concerning compliance with 18 USC § 2339B. As the only organization to do so, it is a national leader in this subject, having represented more than 20 charities and more than 50 individuals charged with § 2339B offenses.