Criminal Law 11th Edition by Joel Samaha

Exercise 1

1.List the activities Judge Fertig and the HLP wish to pursue.
2.Summarize the majority's arguments supporting their conclusion that the "providing material support and resources to terrorist organizations" provisions don't run afoul of the First Amendment ban on laws abridging the rights to free speech and peaceable assembly.
3.Summarize the dissent's argument that the "material support and resources" provisions do violate First Amendment rights of free speech and peaceable assembly.
4.Which do you agree with, the majority or the dissent? Defend your answer.
5.Judge Ralph Fertig, the lead plaintiff, a longtime pacifist and human rights advocate, says:
he wants no part of terrorism or violence, but rather the right to advocate for the rights of the Kurdish minority in Turkey.He is troubled that the Kurds can be punished for speaking their own language and displaying their national colors.And he believes the 1st Amendment protects his right to counsel Kurdish leaders away from violence and to take their cause to the United Nations.(Savage 2010)
In his words, "I am opposed to violence.It seems crazy to me that I could go to jail for trying to persuade people to engage in nonviolence" (Savage 2010).What do you say to Judge Fertig?