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HUMANITARIAN LAW PROJECT v. RENO

Nos. 98-56062, 98-56280.

205 F.3d 1130 (2000)

HUMANITARIAN LAW PROJECT; Ralph Fertig; Ilankai Thamil Sangam; Tamils of Northern California; Tamil Welfare and Human Rights Committee; Federation of Tamil Sangams of North America; World Tamil Coordinating Committee; Nagalingam Jeyalingam, Plaintiffs-Appellants, v. Janet RENO, as Attorney General of the United States; United States Department of Justice; Madeleine K. Albright, as United States Secretary of State; United States Department of State, Defendants-Appellees. Humanitarian Law Project; Ralph Fertig; Ilankai Thamil Sangam; Tamils of Northern California; Tamil Welfare and Human Rights Committee; Federation of Tamil Sangams of North America; World Tamil Coordinating Committee; Nagalingam Jeyalingam, Plaintiffs-Appellees, v. Janet Reno, as Attorney General of the United States; United States Department of Justice; Madeleine K. Albright, as United States Secretary of State; United States Department of State, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided March 3, 2000.

Attorney(s) appearing for the Case

David Cole, Washington, D.C., Paul Hoffman, Santa Monica, California, argued the cause for plaintiffs-appellants. With them on the briefs were Nancy Chang, New York, New York. Also on the briefs were Carol A. Sobel, Santa Monica, California and Visuvanathan Rudrakumaran, New York, New York, for plaintiffs-appellants.

Douglas N. Letter, United States Department of Justice, Civil Division, Washington, D.C., argued the cause for defendants-appellees. With him on the briefs were John R. Tyler, Martha Rubio and David Anderson.

Linda Dakin-Grimm, Chadbourne and Parke, Washington D.C. and Los Angeles, California, filed an amicus brief urging affirmance for the Anti-Defamation League. With her on the briefs were David M. Raim, Philip J. Goodman and Joy L. Langford.

Before: D.W. NELSON, KOZINSKI and TROTT, Circuit Judges.

KOZINSKI, Circuit Judge:

We consider whether Congress may, consistent with the First Amendment, prohibit contributions of material support to certain foreign terrorist organizations.

I

The Antiterrorism and Effective Death Penalty Act of 1996, Pub.L. No. 104-132, 110 Stat. 1214, known among the cognoscenti as AEDPA, authorizes the Secretary of State to "designate an organization as a foreign terrorist organization ... if the Secretary finds that...

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