2007 · 15 citations · 0 references
LawCriminal LawInternational LawFreedom Of SpeechInternational Criminal LawTerrorism StudiesInternet GovernanceInternet Speech RegulationFirst Amendment AdjudicationFirst Amendment RemediesFirst Amendment ScrutinyMaterial Support RestrictionsSpecific Intent CrimesTerrorist Attack
This article examines the recent federal prosecution Saudi graduate student Sami Al-Hussayen under the support statutes, 18 USC 2339A and 18 USC 2339B for internet website development activities in order to analyze whether prosecutions targeting such internet activities violate First Amendment freedom of speech protections. The author concludes that although such prosecutions are permissible under the First Amendment, the material support statutes were not the proper vehicle for such prosecutions. The author then outlines and recommends passage of new legislation that contains a heightened specific intent mens rea requirement as a means of addressing internet activity which sustains international terrorist activity.