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U.S. v. MEHANNA

No. 12-1461.

735 F.3d 32 (2013)

United States of America, Appellee, v. Tarek MEHANNA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

November 13, 2013.

Attorney(s) appearing for the Case

Sabin Willett , with whom Susan Baker Manning, Julie Silva Palmer , Bingham McCutchen LLP, J.W. Carney, Jr. , and Carney & Bassil were on brief, for appellant.

Alex Abdo , Hina Shamsi , Matthew R. Segal , and Sarah R. Wunsch on brief for American Civil Liberties Union and American Civil Liberties Union of Massachusetts, amici curiae.

Pardiss Kebriaei , Baher Azmy , and Amna Akbar on brief for Center for Constitutional Rights, amicus curiae.

Nancy Gertner , David M. Porter , and Steven R. Morrison on brief for National Association of Criminal Defense Lawyers, amicus curiae.

E. Joshua Rosenkranz and Orrick, Herrington & Sutcliffe LLP on brief for Scholars, Publishers, and Translators in the Fields of Islam and the Middle East, amici curiae.

Elizabeth D. Collery , Attorney, Appellate Section, Criminal Division, U.S. Department of Justice, with whom Mythili Raman , Acting Assistant Attorney General, Criminal Division, Denis J. McInerney , Acting Deputy Assistant Attorney General, Criminal Division, Carmen M. Ortiz , United States Attorney, John P. Carlin , Acting Assistant Attorney General, National Security Division, and Joseph F. Palmer , Attorney, National Security Division, were on brief, for appellee.

Before HOWARD, SELYA and THOMPSON, Circuit Judges.

SELYA, Circuit Judge.

Terrorism is the modern-day equivalent of the bubonic plague: it is an existential threat. Predictably, then, the government's efforts to combat terrorism through the enforcement of the criminal laws will be fierce. Sometimes, those efforts require a court to patrol the fine line between vital national security concerns and forbidden encroachments on constitutionally protected freedoms of speech and association. This is such a case.

As...

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