Elliott R. Hamilton (Independent) has posted Material Support for Terrorism as Seditious Libel? A Review of the Law After Humanitarian Law Project with Attention to Originalist Principles (NYU Journal of Law & Liberty, Vol. 12, No. 2, 2018) (41 pages) on SSRN. Here is the abstract:
This Note surveys First Amendment jurisprudence related to 18 U.S.C. ยง 2339B, colloquially known as the Material Support for Terrorism Statute, while drawing historical parallels to common law seditious libel. It highlights that Holder v. Humanitarian Law Project, 561 U.S. 1 (2010), potentially invites a restoration of the original public understanding that common law seditious libel is not constitutionally protected under the First Amendment. This is significant because the Supreme Court has constructed a more libertarian conception of free speech over the past half-century that leaves little room for free speech restrictions like seditious libel laws and material support prohibitions.
Posted at 6:01 AM