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 Monday, January 26, 2004 |
Federal judge declares part of Patriot Act unconstitutional
Matt at 3:42 PM ET
AP: "A federal judge has declared unconstitutional a portion of the USA Patriot Act that bars giving expert advice or assistance to groups designated foreign terrorist organizations."
The decision - handed date late Friday but only released today - marks the first court decision to declare unconstitutional a part of the post-Sept. 11 anti-terrorism statute. In her 35-page ruling [PDF] US District Judge Audrey Collins said the ban on providing "expert advice or assistance" is impermissibly vague, in violation of the First and Fifth Amendments. The judge's ruling said the law, as written, does not differentiate between impermissible advice on violence and encouraging the use of peaceful, nonviolent means to achieve goals. The case before the court involved five groups and two US citizens seeking to provide support for lawful, nonviolent activities on behalf of Kurdish refugees in Turkey.
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Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.
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