08-1498 Holder v. Humanitarian Law Project

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Terrorism
Providing material support; constitutionality

Because money is fungible, the material support statute, 18 U.S.C. 2339B, is constitutional as applied to parties who wish to provide support only for the terrorist groups' political and humanitarian activities.

"The parties agree that the Government's interest in combating terrorism is an urgent objective of the highest order, but plaintiffsargue that this objective does not justify prohibiting their speech, which they say will advance only the legitimate activities of the PKK and LTTE. Whether foreign terrorist organizations meaningfully segregate support of their legitimate activities from support of terrorism is an empirical question. Congress rejected plaintiffs' position on that question when it enacted §2339B, finding that "foreign organizations that engage in terrorist activity are so tainted by their criminalconduct that any contribution to such an organization facilitates thatconduct." §301(a), 110 Stat. 1247, note following §2339B. The record confirms that Congress was justified in rejecting plaintiffs' view. The PKK and the LTTE are deadly groups. It is not difficult to conclude, as Congress did, that the taint of their violent activities is so great that working in coordination with them or at their command legitimizes and furthers their terrorist means. Moreover, material support meant to promote peaceable, lawful conduct can be diverted toadvance terrorism in multiple ways. The record shows that designated foreign terrorist organizations do not maintain organizationalfirewalls between social, political, and terrorist operations, or financial firewalls between funds raised for humanitarian activities and those used to carry out terrorist attacks. Providing material supportin any form would also undermine cooperative international efforts toprevent terrorism and strain the United States' relationships with its allies, including those that are defending themselves against violentinsurgencies waged by foreign terrorist groups.

552 F. 3d 916, affirmed in part, reversed in part, and remanded.

08-1498 Holder v. Humanitarian Law Project

Roberts, C.J.; Breyer, J., dissenting.

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