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InvisibleSclorch
Clyster

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Registered: 07/13/99
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Loc: On the Brink of Madness
Part of Patriot Act Ruled Unconstitutional
    #2274825 - 01/26/04 03:51 PM (12 years, 10 months ago)

It's a start.

Part of Patriot Act Ruled Unconstitutional
By LINDA DEUTSCH
AP Special Correspondent

LOS ANGELES (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 ruling marks the first court decision to declare a part of the post-Sept. 11 anti-terrorism statute unconstitutional, said David Cole, a Georgetown University law professor who argued the case on behalf of the Humanitarian Law Project.

In a ruling handed down late Friday and made available Monday, U.S. District Judge Audrey Collins said the ban on providing ``expert advice or assistance'' is impermissibly vague, in violation of the First and Fifth Amendments.

John Tyler, the Justice Department attorney who argued the case, had no comment and referred calls to the department press office in Washington. A message left there was not immediately returned.

The case before the court involved five groups and two U.S. citizens seeking to provide support for lawful, nonviolent activities on behalf of Kurdish refugees in Turkey.

The Humanitarian Law Project, which brought the lawsuit, said the plaintiffs were threatened with 15 years in prison if they advised groups on seeking a peaceful resolution of the Kurds' campaign for self-determination in Turkey.

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 USA Patriot Act places no limitation on the type of expert advice and assistance which is prohibited and instead bans the provision of all expert advice and assistance regardless of its nature,'' the judge said.

Cole declared the ruling ``a victory for everyone who believes the war on terrorism ought to be fought consistent with constitutional principles.''


AP-NY-01-26-04 1451EST

Copyright 2004, The Associated Press. The information contained in the AP Online news report may not be published, broadcast or redistributed without the prior written authority of The Associated Press


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OfflineAzmodeus
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Registered: 11/27/02
Posts: 3,392
Loc: Lotus Land!! B.C.
Last seen: 11 years, 10 months
Re: Part of Patriot Act Ruled Unconstitutional [Re: Sclorch]
    #2275008 - 01/26/04 05:00 PM (12 years, 10 months ago)

Quote:

Sclorch said:
It's a start.





Until it is re-passed as other legislation.


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"Know your Body - Know your Mind - Know your Substance - Know your Source.

Lest we forget. "


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Invisibleafoaf
CEO DBK?
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Registered: 11/08/02
Posts: 32,665
Loc: Ripple's Heart
Re: Part of Patriot Act Ruled Unconstitutional [Re: Azmodeus]
    #2275126 - 01/26/04 05:49 PM (12 years, 10 months ago)

...paper clipped to the back of the amber alert bill...


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OfflineAzmodeus
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Re: Part of Patriot Act Ruled Unconstitutional [Re: afoaf]
    #2275138 - 01/26/04 05:56 PM (12 years, 10 months ago)

did they?! :shocked:


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"Know your Body - Know your Mind - Know your Substance - Know your Source.

Lest we forget. "


Edited by Azmodeus (01/26/04 06:14 PM)


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Invisibleafoaf
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Re: Part of Patriot Act Ruled Unconstitutional [Re: Azmodeus]
    #2275613 - 01/26/04 08:43 PM (12 years, 10 months ago)

I think it was the RAVE act that got tagged
onto the Amber Alert Bill after it was wholly
beaten down as a standalone bill.

don't you remember that simpson's episode
where they go over how a bill becomes a law?


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OfflineStrumpling
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Registered: 10/11/02
Posts: 7,571
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Re: Part of Patriot Act Ruled Unconstitutional [Re: afoaf]
    #2275624 - 01/26/04 08:52 PM (12 years, 10 months ago)

what a fucking scam - they'll get it back in there somehow


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InvisibleLe_Canard
Danger Man

Registered: 05/17/03
Posts: 93,269
Loc: Earthfarm 1 Flag
Re: Part of Patriot Act Ruled Unconstitutional [Re: Strumpling]
    #2276784 - 01/27/04 07:20 AM (12 years, 10 months ago)

Well, I think that that Federal Judge should be applauded for standing up to Bush's bully-boy tactics!  And it is a step in the right direction.
Having said that, I never did like the idea of "Riders" on bills to be passed. It's resulted in more than one stupid law being passed, a prime example being the so-called "Patriot Acts".
:thumbdown:


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OfflineStrumpling
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Re: Part of Patriot Act Ruled Unconstitutional [Re: Le_Canard]
    #2278501 - 01/27/04 07:37 PM (12 years, 10 months ago)

you're right though - Bravo for this HOPEFULLY significant development


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