Holder v. Humanitarian Law Project
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 08-1498 | 9th Cir. | Feb 23, 2010 | Jun 21, 2010 | 6-3 | Roberts | OT 2009 |
Holding: The federal government may prohibit providing non-violent material support for terrorist organizations including legal services and advice without violating the free speech clause of the First Amendment.
Judgment: Affirmed in part, reversed in part, and remanded, 6-3, in an opinion by Chief Justice John Roberts on June 21, 2010. Justice Breyer dissented, joined by Justices Ginsburg and Sotomayor.
SCOTUSblog Coverage
- The Roberts Court and the First Amendment (Ronald Collins, July 9, 2013)
- Analysis: Partial U.S. victory on terrorism (Lyle Denniston, June 21, 2010)
- Analysis: Anti-terrorism case not an easy one (Lyle Denniston, February 23, 2010)
- Next major First Amendment test (Lyle Denniston, February 21, 2010)
Briefs and Documents
Merits Briefs
- Opening brief for the Humanitarian Law Project
- Brief for Eric H. Holder, Attorney General
- Reply Brief for Humanitarian Law Project, et al.
- Reply Brief for Eric H. Holder, Attorney General
Amicus Briefs
- Brief of the Carter Center, Christian Peacemakers, Human Rights Watch, et al. in Support of Humanitarian Law Project, et al.
- Brief of the Constitution Project and the Rutherford Institute in Support of Humanitarian Law Project, et al.
- Brief of Academic Researchers and the Citizen Media Law Project in support of Humanitarian Law Project, et al.
- Brief of Victims of the McCarthy Era in Support of Humanitarian Law Project, et al.
- Brief of the Anti-Defamation League in Support of the Attorney General (in 08-1498 only)
- Brief for Scholars, Attorneys, and Former Public Officials With Experience in Support of the Attorney General
- Brief for the Center for Constitutional Jurisprudence and the Center for Law and Counterterrorism in Support of the Attorney General
- Brief for the Center on the Administration of Criminal Law in Support of the Attorney General
- Brief for John Altenburg, Maj. Gen., US Army (Ret.); James Carey, Rear Adm., USN (Ret.); Steven Kantrowitz, Rear Adm., USN (Ret.); Thomas Hemingway, Brig. Gen., USAF (Ret.); Washington Legal Foundation; Jewish Institute for National Security Affairs; National Defense Committee; and Allied Educational Foundation in Support of the Attorney General
Certiorari-stage documents
- Opinion Below (9th Circuit)
Merits Briefs
- Opening brief for the Humanitarian Law Project
- Brief for Eric H. Holder, Attorney General
- Reply Brief for Humanitarian Law Project, et al.
- Reply Brief for Eric H. Holder, Attorney General
Amicus Briefs
- Brief of the Carter Center, Christian Peacemakers, Human Rights Watch, et al. in Support of Humanitarian Law Project, et al.
- Brief of the Constitution Project and the Rutherford Institute in Support of Humanitarian Law Project, et al.
- Brief of Academic Researchers and the Citizen Media Law Project in support of Humanitarian Law Project, et al.
- Brief of Victims of the McCarthy Era in Support of Humanitarian Law Project, et al.
- Brief of the Anti-Defamation League in Support of the Attorney General (in 08-1498 only)
- Brief for Scholars, Attorneys, and Former Public Officials With Experience in Support of the Attorney General
- Brief for the Center for Constitutional Jurisprudence and the Center for Law and Counterterrorism in Support of the Attorney General
- Brief for the Center on the Administration of Criminal Law in Support of the Attorney General
- Brief for John Altenburg, Maj. Gen., US Army (Ret.); James Carey, Rear Adm., USN (Ret.); Steven Kantrowitz, Rear Adm., USN (Ret.); Thomas Hemingway, Brig. Gen., USAF (Ret.); Washington Legal Foundation; Jewish Institute for National Security Affairs; National Defense Committee; and Allied Educational Foundation in Support of the Attorney General
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