Congressional Digest

Supreme Court Debates March 2010 No. 3 Vol. 13
Does the Antiterrorism and Effective Death Penalty Act Violate the First Amendment?

Material Support for Terrorists

Free Speech and National Security After 9/11

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Does the Antiterrorism and Effective Death Penalty Act Violate the First Amendment?

One of the most hotly debated political topics in recent years has been how to balance individual freedoms with the need for security in American life.

One of the most hotly debated political topics in recent years has been how to balance individual freedoms with the need for security in American life. On numerous occasions, Federal courts — including the U.S. Supreme Court — have tried to reconcile these competing interests.          The most recent case that dealt with these matters, for which the Supreme Court heard arguments in February, traces its roots to the Antiterrorism and Effective Death Penalty Act (AEDPA), which Congress passed in 1996. Among other provisions, the Act authorizes the secretary of state to designate “foreign terrorist organizations,” and makes it a…

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