Holder v. Humanitarian Law Project — Breyer, J., Dissenting

Summary

Justice Breyer dissents, agreeing the material support statute is not vague but disagreeing that the Constitution permits prosecuting plaintiffs for coordinated teaching and advocacy supporting the lawful political objectives of foreign terrorist organizations. He argues the government failed to meet its burden of showing such prohibition serves a compelling interest, and would construe the statute to require the defendant knows the support will likely assist unlawful terrorist aims.