Holder v. Humanitarian Law Project
Citation and Court
561 U.S. 1 (2010), Supreme Court of the United States
Facts
The Humanitarian Law Project sought to provide support — including legal assistance and training in peaceful dispute resolution — to two organizations designated as Foreign Terrorist Organizations (FTOs) under 18 U.S.C. § 2339B. Plaintiffs argued that the material support statute, as applied to their intended advocacy and training activities, violated the First and Fifth Amendments.
Issue
Whether 18 U.S.C. § 2339B’s prohibition on providing “material support or resources” to designated foreign terrorist organizations, as applied to plaintiffs’ proposed coordinated advocacy and training activities, violates the First or Fifth Amendments.
Holding
The material support statute is constitutional as applied to the plaintiffs’ proposed activities; providing support coordinated with or directed by a designated FTO — even ostensibly peaceful support — falls within Congress’s power to regulate, and the First Amendment does not protect such coordinated assistance.
Rule / Doctrine
The government may prohibit providing material support to designated FTOs even when the support is intended to further lawful, nonviolent activities, as long as the support is coordinated with or directed by the FTO. Congress and the Executive are owed substantial deference in the area of foreign policy and national security. “Material support” includes training, expert advice, personnel, and services — not only money or weapons — and the statute is not unconstitutionally vague as applied to the specific activities at issue.
Significance
Holder v. Humanitarian Law Project is the leading case upholding the material support statute against First Amendment challenge and is central to federal criminal law courses on terrorism offenses. The decision broadly defers to the political branches on national security and establishes that coordination with a designated FTO can transform otherwise protected speech and associational activity into criminal conduct.