US anti-terrorism law curbs free speech and activist work

US anti-terrorism law curbs free speech and activist work, court told

Controversy over NDAA centres on loose definition of key words, such as who are 'associated forces' of named terrorist groups

http://www.guardian.co.uk/world/2012/mar/29/journalists-us-anti-terrorism-law-ndaa

A group political activists and journalists has launched a legal challenge to stop an American law they say allows the US military to arrest civilians anywhere in the world and detain them without trial as accused supporters of terrorism.

The seven figures, who include ex-New York Times reporter Chris Hedges, professor Noam Chomsky and Icelandic politician and WikiLeaks campaigner Birgitta Jonsdottir, testified to a Manhattan judge that the law – dubbed the NDAA or Homeland Battlefield Bill – would cripple free speech around the world.

They said that various provisions written into the National Defense Authorization Bill, which was signed by President Barack Obama at the end of 2011, effectively broadened the definition of "supporter of terrorism" to include peaceful activists, authors, academics and even journalists interviewing members of radical groups.

Controversy centres on the loose definition of key words in the bill, in particular who might be "associated forces" of the law's named terrorist groups al-Qaida and the Taliban and what "substantial support" to those groups might get defined as. Whereas White House officials have denied the wording extends any sort of blanket coverage to civilians, rather than active enemy combatants, or actions involved in free speech, some civil rights experts have said the lack of precise definition leaves it open to massive potential abuse.

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Testifying alongside Hedges was Kai Wargalla, a German organiser behind Occupy London, and a supporter of WikiLeaks, which has extensively published secret US government documents.

Wargalla said that since British police had included Occupy London alongside al-Qaida on a terrorism warning notice, she was afraid of the implications of NDAA. She said that after NDAA was signed she was no longer willing to invite an Islamic group like Hamas to speak on discussion panels for fear of being implicated a supporter of terrorism. "We are on a terrorism list just under al-Qaida and this is what the section of the NDAA is talking about under 'associated forces'," she said.

Author and campaigner Naomi Wolf read testimony in court from Jonsdottir, who has been a prominent supporter of WikiLeaks and a proponent of free speech laws. Jonsdottir's testimony said she was now afraid of arrest and detention because so many US political figures had labelled WikiLeaks as a terrorist group.
Despite receiving verbal assurance from US officials that she was not under threat, Jonsdottir testified she would not travel to the US despite being invited to give lectures in the country. "[The NDAA] provisions create a greater sense of fear since now the federal government will have a tool with which to incarcerate me outside of the normal requirements of the criminal law. Because of this change in the legal situation, I am now no longer able to travel to the US for fear of being taken into custody as as having 'substantially supported' groups that are considered as either terrorist groups or their associates," said Jonsdottir in the statement read by Wolf, who is also a Guardian commentator.

In an opening argument, lawyers for the plaintiffs argued that they would try to show the definitions used in the NDAA provisions were so unclear that it would have a "chilling" effect on the work of journalists, activists and academics even if no one was actually detained.

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