# First Amendment vs. Aid to Terrorists **URL:** \ **Category:** Great Debates\ **Created:** [February 24, 2010, 2:23pm UTC](https://boards.straightdope.com/t/first-amendment-vs-aid-to-terrorists/530254 "2010-02-24T14:23:58Z")\ **Posts on this page:** 9\ **Page:** 3
**Author:** ![CoolHandCox](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/coolhandcox/32/16233_2.png) [@CoolHandCox](https://boards.straightdope.com/u/CoolHandCox)\ **Post date:** [February 25, 2010, 4:44am UTC](https://boards.straightdope.com/t/first-amendment-vs-aid-to-terrorists/530254/41 "2010-02-25T04:44:13Z")
> [@Sevastopol](#): > > Providing they do not use a US attorney in court, apparently. See transcript 47 - 52 > > Limits the right rather and the court seems to believe, impermissibly. Ineresting read. In fairness, he argued the US attorney had to provide _valuable_ advice before it crossed the line. So someone like, say, Yoo or Bybee could advocate on their behalf and it would be totally legal. ---
**Author:** ![Sevastopol](https://avatars.discourse-cdn.com/v4/letter/s/cdc98d/32.png) [@Sevastopol](https://boards.straightdope.com/u/Sevastopol)\ **Post date:** [February 25, 2010, 4:45am UTC](https://boards.straightdope.com/t/first-amendment-vs-aid-to-terrorists/530254/42 "2010-02-25T04:45:43Z")
ooh nasty! hehe ---
**Author:** ![Captain\_Amazing](https://avatars.discourse-cdn.com/v4/letter/c/6de8d8/32.png) [@Captain\_Amazing](https://boards.straightdope.com/u/Captain_Amazing)\ **Post date:** [February 25, 2010, 5:02am UTC](https://boards.straightdope.com/t/first-amendment-vs-aid-to-terrorists/530254/43 "2010-02-25T05:02:13Z")
My question is, and this is related to the questions on 47-52. A few years back, Zacharais Moussaoui was convicted for his actions in 9/11. Could his attorney be prosecuted under this law? Since he’s a member of al-Qaeda, wouldn’t representing him, in either the original trial or an appeal, be aiding al-Qaeda, under the Justice Department’s interpretation of the law? ---
**Author:** ![Oakminster](https://avatars.discourse-cdn.com/v4/letter/o/77aa72/32.png) [@Oakminster](https://boards.straightdope.com/u/Oakminster)\ **Post date:** [February 25, 2010, 5:57am UTC](https://boards.straightdope.com/t/first-amendment-vs-aid-to-terrorists/530254/44 "2010-02-25T05:57:05Z")
> [@Captain\_Amazing](#): > > My question is, and this is related to the questions on 47-52. A few years back, Zacharais Moussaoui was convicted for his actions in 9/11. Could his attorney be prosecuted under this law? Since he’s a member of al-Qaeda, wouldn’t representing him, in either the original trial or an appeal, be aiding al-Qaeda, under the Justice Department’s interpretation of the law? The government tried to tap dance around that one, saying that Congress did not intend to prevent 6th Amendment right to counsel or 14th Amendment due process advocacy, but I think the plain meaning of the statute definitely raises those concerns. Same as Justice Sotomayer’s questions (I think it was her) about whether Al Qaida can hire a U.S. lawyer to file an amicus brief, or otherwise represent them in Court. ---
**Author:** ![villa](https://avatars.discourse-cdn.com/v4/letter/v/bc79bd/32.png) [@villa](https://boards.straightdope.com/u/villa)\ **Post date:** [February 25, 2010, 3:14pm UTC](https://boards.straightdope.com/t/first-amendment-vs-aid-to-terrorists/530254/45 "2010-02-25T15:14:24Z")
> [@Sevastopol](#): > > Scalia & Thomas You’re behind the times. Alito is the dangerous one now, and way more of an ideologue than either of those two. ---
**Author:** ![Mr.Moto](https://avatars.discourse-cdn.com/v4/letter/m/9de0a6/32.png) [@Mr.Moto](https://boards.straightdope.com/u/Mr.Moto)\ **Post date:** [February 25, 2010, 3:24pm UTC](https://boards.straightdope.com/t/first-amendment-vs-aid-to-terrorists/530254/46 "2010-02-25T15:24:24Z")
> [@villa](#): > > You’re behind the times. Alito is the dangerous one now, and way more of an ideologue than either of those two. > [@](#): > > “How can you argue that training and providing advice is not speech?” conservative Justice Samuel Alito told Kagan, expressing concern the law is not specific enough on what activities it prohibits. “If you attended a meeting and you helped to arrange the chairs in advance or clean up afterwards, you would be providing a ‘service’ to the organization” under the government’s reading. [Link.](http://politicalticker.blogs.cnn.com/2010/02/23/justices-hear-governments-appeal-over-terror-support-law/?fbid=zZLSK2QurJo) ---
**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\ **Post date:** [February 25, 2010, 3:52pm UTC](https://boards.straightdope.com/t/first-amendment-vs-aid-to-terrorists/530254/47 "2010-02-25T15:52:03Z")
> [@Mr.Moto](#): > > True. But I’m not reading nuance from **elucidator** , just opportunism. > [@elucidator](#): > > Bite me. I get it, **elucidator** , but this is too close to a personal insult for GD. Please don’t do this in the future. ---
**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\ **Post date:** [February 25, 2010, 8:25pm UTC](https://boards.straightdope.com/t/first-amendment-vs-aid-to-terrorists/530254/48 "2010-02-25T20:25:29Z")
Mine is but to tremble and obey. ---
**Author:** ![villa](https://avatars.discourse-cdn.com/v4/letter/v/bc79bd/32.png) [@villa](https://boards.straightdope.com/u/villa)\ **Post date:** [February 25, 2010, 8:39pm UTC](https://boards.straightdope.com/t/first-amendment-vs-aid-to-terrorists/530254/49 "2010-02-25T20:39:15Z")
> [@Mr.Moto](#): > > [Link.](http://politicalticker.blogs.cnn.com/2010/02/23/justices-hear-governments-appeal-over-terror-support-law/?fbid=zZLSK2QurJo) Meh - I tend to agree with all of the members of the Court more often than I disagree with them. That he says something that I view as correct in this case doesn’t alter my opinion of him as the most dangerous ideologue on the Court. [Previous page](https://boards.straightdope.com/t/first-amendment-vs-aid-to-terrorists/530254.md?page=2)