Congressional Digest

Supreme Court Debates March 2010 No. 3 Vol. 13
Eric H. Holder Jr., et al., Respondents  Elena Kagan, Solicitor General

Material Support for Terrorists

Free Speech and National Security After 9/11

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Eric H. Holder Jr., et al., Respondents Elena Kagan, Solicitor General

In 1996, the U.S. Congress passed the Antiterrorism and Effective Death Penalty Act (AEDPA), which makes it a criminal offense for any person within the United States or subject to its jurisdiction “knowingly” to provide “material support or resources” to any group designated a foreign terrorist organization by the U.S. Government. The Kurdish Workers’ Party (PKK), which seeks a Kurdish homeland in Turkey, and the Liberation Tigers of Tamil Eelam (LTTE), which until recently waged an insurgent campaign in Sri Lanka, are two groups that have been so labeled by the U.S. secretary of state. On March 19, 1998, two…

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