The criminalization of speech since 9/11
The material-support law is the statute prosecutors most use in suspected terrorism cases, including not just in our federal courts but also in military commissions. It is now the most far-reaching statute prosecutors use in suspected terrorism cases. That certainly appears to be happening now, and that’s part of the danger of criminalizing speech and advocacy in this way. It allows the government to pick and choose whose speech and whose advocacy it favors.