Homeland Battlefield Act Portion Found Unconstitutional By New York Judge - 0 views
www.huffingtonpost.com/...nconstitutional_n_1522587.html
NDAA military detentions 1st Amendment constitution
shared by Paul Merrell on 17 May 12
- No Cached
-
WASHINGTON -- A day before Congress weighs an amendment to end indefinite military detentions in the U.S., a federal judge Wednesday ruled the law that allows the practice unconstitutional. Saying the measure has "chilling impact on First Amendment rights," U.S. District Judge Katherine Forrest, of New York's Eastern District, found that a group of reporters and activists who brought the lawsuit had no way of knowing whether they could be subjected to it. That makes it an unconstitutional infringement on the First Amendment's free speech right and the Fifth Amendment's right to due process, Forrest said in a written opinion.
-
Reps. Adam Smith (D-Wash.) and Justin Amash (R-Mich.) are offering an amendment on Thursday to the 2013 Defense Authorization Act that would end the law. Amash sent an appeal to fellow lawmakers soon after the ruling, asking them to pass it. "The amendment I’m offering with Rep. Adam Smith is the ONLY amendment that ensures that persons arrested on U.S. soil aren’t detained indefinitely without charge or trial," Amash wrote. "Voting against the Smith-Amash amendment allows the government to retain the power to detain persons, picked up in the U.S., for life, on the suspicion that they 'substantially supported' forces 'associated' with our enemies." "If our constituents haven’t sent a clear enough message, tonight’s ruling surely does: Congress must act now to guarantee the constitutional right to a charge and a trial," Amash wrote.