Providing Material Support to a Terrorist Organization

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7^th Circuit Court of Appeals

Case Name: United States of America v. Thomas Osadzinski

Case No.: 22-3140

Officials: Wood, Scudder, and St. Eve, Circuit Judges.

Focus:  Providing Material Support to a Terrorist Organization

Osadzinski was convicted for providing material support to a terrorist organization. In 2019, Osadzinski, a computer science student, developed a software program to facilitate the rapid duplication of terrorist propaganda videos for ISIS. He shared this program with people he believed were ISIS supporters, taught them how to use it, and used it to assemble and distribute a large collection of ISIS media. Osadzinski appealed his conviction, arguing that it violated the First Amendment because his actions constituted free expression. He also contended that he lacked fair notice that his actions violated the material-support statute.

The Seventh Circuit disagreed with Osadzinski. The court held that although Osadzinski’s actions could be regarded as expressive activity, this activity was coordinated with or directed by ISIS, a known terrorist organization, and therefore was not protected by the First Amendment. The court also rejected Osadzinski’s claim that he lacked fair notice that his actions violated the material-support statute. The court affirmed Osadzinski’s conviction, ruling that his conduct fell outside First Amendment protection, clearly violated the material-support statute, and provided a reasonable basis for the jury to return a guilty verdict.

Affirmed.

Decided 03/28/24

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