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Friday, March 9, 2007, 6:00 p.m.
Peace & Justice Theatre
Joan B. Kroc Institute for Peace & Justice
University of San Diego
Reception to follow in the rotunda
The esteemed judges are:
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The Honorable Rosemary Barkett, Circuit Judge, U.S. Court of Appeals, 11th Circuit
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The Honorable M. Margaret McKeown, Circuit Judge, U.S. Court of Appeals, 9th Circuit
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The Honorable Thomas J. Whelan, U.S. District Judge, Southern District of California
RSVP by March 2, 2007, by calling (619) 260-6848 or e-mail usdlawevent@sandiego.edu
2007 Case Before the Court: United States v. Afshari
Petitioners of this case were previously indicted for violating statute 8 U.S.C. § 1189 – providing material support or resources to a designated foreign terrorist organization. The petitioners allege that the statute violates the First Amendment because it prohibits them from challenging the foreign terrorist designation and does not provide adequate procedural safeguards to allow the prosecution of protected speech. The respondent, United States of America, argues that the statute is constitutional because it adequately protects any alleged free speech rights. The United States Court of Appeals for the Ninth Circuit held that 8 U.S.C. § 1189 did not violate the First Amendment and reinstated the petitioners’ indictments. The United States Supreme Court granted certiorari on whether there is a First Amendment right to challenge the designation and if the statute impermissibly restricts speech.
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