I rarely agree with the NY Times editorial board, least of all on matters of free speech and association rights. But I think they get it exactly right in this oped that sharply criticizes the recent Supreme Court judgement upholding a federal law against providing material support to terrorist groups.
The trouble with this ruling, as the editorial points out, and others such as Eugene Volokh have described, is twofold.
The philosphy behind the ruling doesn’t seem to have been laid out with sufficient clarity, and that creates a not insignificant risk that this will pave the way for further speech restrictions, such as on independent advocacy, when this conflicts with state interests.
The law that this ruling upholds, criminalizes actions that are purely political speech. For instance, the law would allow prosecution of any newspaper that coordinates with the spokesperson of a designated terrorist organization and publishes their point of view in an oped.
In sum, the Supreme Court of the United States got it terribly wrong on this one. I am surprised and saddened that this Court, which got it so right on other recent free speech cases has chosen this time to legitimize expanded executive powers and curtail precious freedoms. As for the Obama administration — who have proved themselves as bad as the Bush one when it comes to civil liberty abuse — they are probably relishing the fact that they have yet another tool to harass and prosecute journalists, academics and independent organizations that stand in their way.