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Friendly Fire Casualties Of American Civil Liberty In The War On Terror: Humanitarian Law Project V. Holder And The Erosion Of Free Speech, Alicia C. Armstrong Esq.

Alicia C Armstrong

The holding in Humanitarian Law Project (HLP) v. Holder marks a significant shift in First Amendment doctrine, unprecedented since the early twentieth century “Red Scare” cases. The HLP decision suggests that free speech principles which have been developing for over half a century—culminating in the paramount protection of “subversive advocacy”—are less deserving of adherence in the face of terrorism than in times of relative peace. Throughout the past several decades, the Court has retreated from the notion that speech which is disturbing to public opinion but benign in its capability to incite imminent lawless action deserves lower legal protection. To …