Mehanna Verdict Compromises First Amendment, Undermines National Security
Decision Today Threatens Writers and Journalists, Academic Researchers, Translators and Even Ordinary Web Surfers
FOR IMMEDIATE RELEASE
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BOSTON -- The following statement on the conviction today of Tarek Mehanna may be attributed to American Civil Liberties Union of Massachusetts executive director Carol Rose:
"The ACLU of Massachusetts is gravely concerned that today's verdict against Tarek Mehanna undermines the First Amendment and threatens national security.
"Under the government's theory of the case, ordinary people--including writers and journalists, academic researchers, translators, and even ordinary web surfers--could be prosecuted for researching or translating controversial and unpopular ideas. If the verdict is not overturned on appeal, the First Amendment will be seriously compromised.
"The government's prosecution does not make us safer. Speech about even the most unpopular ideas serves as a safety valve for the expression of dissent while government suppression of speech only drives ideas underground, where they cannot be openly debated or refuted.
"The ACLU believes that we can remain both safe and free, and, indeed, that our safety and our freedom go hand in hand."
The ACLU of Massachusetts has condemned the use of conspiracy and material support charges where the charges are based largely on First Amendment-protected expression.
In Mr. Mehanna's case, the charges against him have been based on allegations of such activity, such as watching videos about "jihad", discussing views about suicide bombings, translating texts available on the Internet, and looking for information about the 9/11 attackers. Historically, government prosecutors have used conspiracy charges as a vehicle for the suppression of unpopular ideas, contrary to the dictates of the First Amendment and fundamental American values.
After the ACLU of Massachusetts submitted a memorandum of law in support of Mehanna's motion to dismiss the parts of the indictment against him that were based on protected expression, U.S. District Court Judge George O'Toole denied permission for the memorandum to be filed with the court. A copy of the memorandum is available here.
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