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Introduction
Civil Liberties
Discrimination
Federalism
Free Exercise of Religion
Hate Crimes
Separation of Church and State
Terrorism
Justices’ positions in ADL Cases (1993-2007)
NEWSLETTER: ADL in the Courts
  
Terrorism

Holder, et al. v. Humanitarian Law Project, et al. (U.S. Supreme Court, 2009)
This case analyzed the “material support” provisions of the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA). In its amicus brief, ADL argued that  prohibitions against knowingly providing  “training,” “expert advice or assistance” and/or “service” to foreign terrorist organizations  and other designated forms of material support or resources to  foreign terrorist organizations  are constitutional.  The League argued that providing resources to humanitarian components of foreign terrorist organizations is linked to their ability to engage in terrorist acts,   and  may  enhance the organization's legitimacy. PDF 143 KB

Boim v. Quranic Literacy Institute, et al., (7th Circuit en banc, 2008)
The 7th Circuit granted an en banc rehearing in the case referenced below. ADL again filed a brief arguing that whether the defendants intended their financial contribution to Hamas be used for violent purposes was irrelevant, and that defendants’ claim that their contributions are protected free speech is plainly wrong. The 7th Circuit en banc agreed with the League and upheld the judgment of the trial court, finding that "if you give money to an organization that you know to be engaged in terrorism, the fact that you earmark it for the organization’s nonterrorist activities does not get you off the liability hook."

Boim v. Quranic Literacy Institute, et al. (2005)
On March 13, 1996, David Boim, a 17 year-old American citizen, was shot and murdered by two Hamas terrorists while he waited for a bus to Jerusalem. His parents, Stanley and Joyce, successfully sued four Islamic charities and a fundraiser for over $150 million under a U.S. law that allows victims of terrorism abroad to collect damages in American courts from organizations that furnish money to terrorist groups. The Anti-Defamation League wrote an amicus brief on the appeal and argued that the district court correctly found that the plaintiffs did not need to show that money sent by the defendants directly paid for the shooting of David Boim. Rather, in the words of the district court, the Boims “need only show that the defendants were involved in an agreement to accomplish an unlawful act and that the attack that killed David Boim was a reasonably foreseeable consequence of the conspiracy.” This landmark ruling reinforces the principle that those who raise money for terrorists are just as liable for the deaths of Americans as the terrorists themselves. The Court did not agree, but the 7th Circuit granted an en banc rehearing in this case (see above.) PDF 226 kb
Humanitarian Law Project, et. al. v. Reno (Ninth Circuit, 1998)
This case analyzed the “material support” provisions of the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA). In its amicus brief in support of AEDPA, ADL argued that Congress may prohibit persons from knowingly providing money, weapons, explosives and other designated forms of material support or resources to designated foreign terrorist organizations because providing resources to “social service” and “humanitarian” components of foreign terrorist organizations is linked to their ability to engage in terrorist acts, providing resources to a group’s social services components can free up that organizations monies to be used in terrorist activities, building up the organization’s “humanitarian” projects may embolden the organization and grant it legitimate cover, and that there is no First Amendment violation in prohibiting such provision of resources. PDF 100 kb

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