Hypothetical Brief

5 Pages 1322 Words

The appellant, Salim abdul Aziz Rahman, the founder of the group called the Global Islamic Jihad, was convicted under the USA Patriot Act of 2003 for “furthering the aims of known terrorism organizations by advocating the violence of the United States government that is called for by those organizations.” He was tried and convicted by the Federal District Court, and has challenged the constitutionality of this Act on the grounds that it violates his First Amendment right of Freedom of Speech as protected by the United States Constitution.
The United States Patriot Act of 2003 makes it a crime to “further the aims of known terrorist organizations by advocating the violence against the United States government that is called for by those organizations.” This act was formulated and put into effect after the acts of terrorism in September of 2001.
The record shows that a man identified as the appellant, distributed to the inhabitants of his predominantly Middle-Eastern New York City neighborhood, pamphlets stating “the American government is controlled by Zionist agents and is using it’s arrogant power to murder believers around the world.” These pamphlets also contained the sentence “The penalty for murder is death.” These pamphlets were printed and distributed by his organization, Global Islamic Jihad.
At a rally of his organization in April of 2002, Mr. Rahman burned a flag (though protected by Texas v Johnson, 491 US 397, ‘O’Brien 626’), and presented a speech where he called for “death to any country that supports Zionist aggression against true believers” as well as cataloging “American crimes against humanity.”
In a speech on the day of his arrest in this same Middle-Eastern neighborhood, the appellant catalogued “America’s crimes against humanity and the believers,” as well as declaring “We must not sit by idle. We must stand up with all of our strength with our brothers and sisters w...