Federal judge rejects Al-Arian free speech claims [re former USF professor] (AP)

AP ^ | March 16, 2004 | AP

[summer]

Federal judge rejects Al-Arian free speech claims

By Associated Press March 16, 2004

TAMPA — A federal judge has rejected an indicted former professor's claims that the government is trying to criminalize his exercise of free speech by prosecuting him on charges he helped raise money for terrorists.

U.S. District Judge James S. Moody Jr. refused to dismiss parts of the 50-count indictment against Sami Al-Arian, who is charged with using an Islamic charity and an academic think tank as a front to raise money for the Palestinian Islamic Jihad.

In a 69-page ruling, Moody turned down several legal arguments made by attorneys for Al-Arian and his co-defendants, seeking to have the first four counts of their indictment thrown out on technical and constitutional grounds.

Al-Arian's attorneys were not immediately available for comment Monday.

Al-Arian is scheduled to go on trial in January, along with Sameeh Hammoudeh, Hatim Naji Fariz and Ghassan Zayed Ballut, on charges that they provided financial and other support to the Palestinian Islamic Jihad, which has claimed responsibility for suicide bombings in Israel.

Al-Arian's attorneys have argued he is being prosecuted for his political beliefs and for supporting an organization that is involved in legitimate political and charitable activities.

The prosecution responded that Al-Arian was a leader of a government-designated terrorist organization and was being prosecuted for facilitating acts of violence. Al-Arian, the government argued in court papers, "assisted in funding the bloodshed in the Middle East."

"This court agrees with the government that the indictment does not criminalize pure speech," Moody wrote Friday. "Instead the ... indictment utilizes the speech of defendants to show the existence of the conspiracies, the defendants' agreements to participate in them, their level of participation or role in them, and the defendants' criminal intent."

The defense also argued that raising money for the group should be protected by the First Amendment.

But [federal judge] Moody said fund-raising does not have constitutional protection. Moreover, Moody concluded, "Stopping the spread of terrorism is ... a compelling governmental interest."

Moody also rejected defense motions to strike the words "terrorism" and "terrorist" from the indictment because it could inflame jurors. Moody said the allegation of supporting a terrorist organization is an "essential element of two of the charges.

[summer]

Sometimes it's hard to believe all the grief the academic world leveled against FL Gov Jeb Bush and the USF president in this matter. I read that even USF students supported the decision made by the USF president, and publicly supported by the FL governor, to oust this professor.

[Thane_Banquo]

Al-Arian is a scumbag.

[BayouCoyote]

OMG!! What will CAIR do now to defend this scumbag? Perhaps claim more racism? Anyone? Well????????

[cyn]

FL bump/JEB bump