Talking up terrorism and the right to free speech

It was Peter Gelzinis’ column in today’s Boston Herald that got me thinking about the case of Tarek Mehanna, the Sudbury man on trial for terrorism-related charges in U.S. District Court in Boston.

Mehanna’s lawyer, J.W. Carney, argues that Mehanna’s activities have been limited to advocacy on behalf of Al Qaeda, which is protected by the First Amendment. But prosecutors, as Milton Valencia reports in today’s Boston Globe, have been suggesting that Mehanna is guilty of actual terrorist activities, including traveling to Yemen to receive training.

So I sat up and took notice when I saw this quote in Gelzinis’ column, in which federal prosecutor Aloke Chakravarty tells the jury that Mehanna had translated documents such as “39 Ways to Serve and Participate in Jihad” into English. “Simply agreeing to do that is a crime in this country,” Chakravarty said.

Well, it may be a crime, but if it is, the law under which Mehanna has been charged is almost certainly unconstitutional. Essentially, Mehanna is being charged with incitement to violence, a category of speech that is not protected by the First Amendment, and can thus be prosecuted. But the U.S. Supreme Court has made it clear that speech cannot be considered incitement unless it presents a genuine threat of immediate harm — a right-here, right-now standard that does not apply to general calls for violence.

In 1969, the court ruled that a Ku Klux Klan leader named Clarence Brandenburg could not be prosecuted for calling for “revengeance” (no, not a word, but Klan leaders tend not to be too brite) against Jews and African-Americans, ruling in Brandenburg v. Ohio:

Freedoms of speech and press do not permit a State to forbid advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.

Eight years later, the courts overturned efforts by officials in Skokie, Ill., aimed at preventing a neo-Nazi group from marching through the streets of their community. The Supreme Court, having spoken in the Brandenburg case, declined to get involved.

To the extent that Mehanna’s alleged crimes amount to pure advocacy, even of violence against the government and of terrorism, his speech is protected by the First Amendment. As Carney says, “We can hold onto these views, and we can speak them, even if it’s what upsets the United States government. It’s what makes the United States so great, so strong, and so free.”

I find it shocking that Chakravarty read to the jury an ode Mehanna allegedly wrote to commemorate the terrorist attacks of 9/11. If that isn’t protected speech, well, I don’t know what is. It’s the speech we find most loathsome that is in the greatest need of protection. Keep that in mind as this case moves forward.

The New York Times and the T-word

Peter King

The New York Times has a great story today on U.S. Rep. Peter King, R-N.Y., who is presiding over repugnant hearings into the loyalty of Muslim-Americans. Reporter Scott Shane reminds us that King made his reputation as a staunch supporter of the Irish Republican Army, which for years fought for independence from Britain in attacks that included the killing of hundreds of innocent civilians.

Yet I was struck by Shane’s lede, which frankly describes the IRA as “a terror group.” I don’t have any quarrel with that. But I was surprised, given the Times’ well-known squeamishness over using the T-word to describe Islamist organizations such as Hamas, which has engaged in suicide bombings against civilian targets in its war against Israel.

As the Times’ then-public editor, Clark Hoyt, wrote in 2008, “To the consternation of many, The Times does not call Hamas a terrorist organization, though it sponsors acts of terror against Israel.” It’s a policy that has put the Times in an awkward position previously, as in 2010, when the paper reported on criticism of Feisal Abdul Rauf, the imam of the proposed Islamic center near Ground Zero, for failing to label Hamas a terrorist group.

The United States, Canada, Israel, Japan and the European Union have all classified Hamas as a terrorist organization.

King’s response to being called out as a hypocrite is truly rancid, as he reveals that he couldn’t care less about the lives of British civilians who were killed in IRA attacks. “I understand why people who are misinformed might see a parallel,” he tells the Times. “The fact is, the IRA never attacked the United States. And my loyalty is to the United States.”

And in the 1980s, King had this to say: “If civilians are killed in an attack on a military installation, it is certainly regrettable, but I will not morally blame the IRA for it.”

Shane attempts to make comparisons between the IRA and Al Qaeda, and concludes — correctly — that Al Qaeda is considerably worse. But the parallels between the IRA and Hamas seem pretty obvious.

The IRA engaged in terrorist attacks, but gradually moved toward a renunciation of such attacks as it uneasily groped its way toward a peace settlement with Britain and participation in government.

Hamas, which governs the Gaza Strip, may or may not be capable of moving toward a peace settlement with Israel. But certainly it was unclear at a similar stage as to whether the IRA was capable of making such a transition.

It’s pretty simple. Either the IRA and Hamas are/were terrorist organizations, or neither is. I hope public editor Arthur Brisbane will explain why it’s all right for the Times to call the IRA a “terror group” when it refuses to do the same with respect to Hamas.

Hamas, the Times and the T-word

Boston Globe alumnus Anne Barnard reports on Feisal Abdul Rauf, the imam of the proposed Islamic center near Ground Zero, in today’s New York Times. It’s an excellent piece of work, and provides further evidence that hatemongers like Sarah Palin and Newt Gingrich have it all wrong.

But an editor should have flagged one section near the end as needing a disclosure on the part of the Times. Barnard reports that Abdul Rauf has come under fire in some quarters for refusing to refer to Hamas as a “terrorist organization.”

Referring to a radio interview, Barnard writes that Adbul Rauf “clumsily tries to say that people around the globe define terrorism differently and labeling any group would sap his ability to build bridges. He also says: ‘Targeting civilians is wrong. It is a sin in our religion,’ and, ‘I am a supporter of the state of Israel.'”

It seems to me that someone should have inserted a parenthetical noting that the Times, too, declines to use the T-word when describing Hamas. Here’s what then-public editor Clark Hoyt wrote in 2008:

To the consternation of many, The Times does not call Hamas a terrorist organization, though it sponsors acts of terror against Israel. Hamas was elected to govern Gaza. It provides social services and operates charities, hospitals and clinics. Corbett said: “You get to the question: Somebody works in a Hamas clinic — is that person a terrorist? We don’t want to go there.” I think that is right.

Whether you think the Times’ policy is right or wrong, it would have been useful to point out that Abdul Rauf’s reluctance is shared by our leading newspaper.