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Saudi Webmaster Acquitted of Terrorism Charges

terrymr writes "Saudi Student Sami Omar Al-Hussayen was found not guilty on charges that he 'rendered techical assistance to terrorists' by acting as the webmaster for an Islamic charity. Said one juror: 'The part that surprised me was when I read the First Amendment instructions. I was surprised to learn that people could say whatever they want... providing it would not cause imminent action.'" You might remember our previous coverage of this story. In addition, the AP (via CNN) has more information as well.

35 of 909 comments (clear)

  1. First Ammendment by Anonymous Coward · · Score: 5, Insightful

    Obviously the right most taken for granted is also the one people understand the least...

  2. Repeat 5th grade? by KRYnosemg33 · · Score: 5, Insightful
    The part that surprised me was when I read the First Amendment instructions. I was surprised to learn that people could say whatever they want... providing it would not cause imminent action
    It's this sort of uninformed, unintelligent (lack of) thinking that even allows these 'cases' to reach the courts in the first place.

    Can we possibly force potentially a hundred million people to go repeat 5th grade american history?

    1. Re:Repeat 5th grade? by michaelangelo · · Score: 3, Insightful

      The language in the jury instructions was from court decisions involving the 1st amendment. Probably quoted from the Pentagon Papers case.

      Once the defense asked for the instruction, the judge probably had no choice but to allow it. I don't think it's all that surprising that the a jury member was not familiar with the language. But I'm favorably impressed that the jury took the language seriously when they deliberated.

      In fact the 1st amendment was originally interpreted so that the government could outlaw speech that impeded the war. Perhaps you don't remember the Anti Sedition Act or didn't study it in American history.

    2. Re:Repeat 5th grade? by Beryllium+Sphere(tm) · · Score: 4, Insightful

      >1st Amendment was not even applicable to the 'government' (assuming you mean federal government) until incorporation in late/late 19th and then early 20th century.

      The first five words are "Congress shall make no law". Certainly it was meant to apply to the Federal government.

      You may be thinking of the question of whether Constitutional protections bind state governments. That took the 14th Amendment and a bloody civil war to settle. The question probably never occurred to the Founders, who imagined state governments protecting the liberties of their citizens against Federal encroachment (see the Federalist Papers).

  3. First Amendment Message? by FunWithHeadlines · · Score: 5, Insightful
    David Nevin, lead defense attorney for Sami Al-Hussayen, said as he left the courthouse that he thinks Al-Hussayen's acquittal on terrorism charges sends a message.

    "I hope the message is that the First Amendment is important and meaningful in this country, and actions protected by the First Amendment really shouldn't be subject to prosecution," he said. "I think (the prosecution of) this case represented a pushing of the envelope for what will be permissible in the future. I think this case suggests they won't do that in the future - which I think is good for the First Amendment."

    Well, it would be nice if that were the outcome of this case, that people would stop trying to push the First Amendment back. But I suspect the opposite will be the case: They will re-double their efforts to find ways to prosecute anyone they don't like. Prosecuters who lose cases don't usually think, "Hmm...guess I was in the wrong." Instead they think, "Hmm...better work harder to get convictions."

    In America, the big thing used to be DWB: Driving While Black, where you could be pulled over just for having the wrong skin color. In today's America, there are a few who seem to have the idea of EWI: Existing While Islamic. Well, sorry, but Islam is not the problem here, it is extremism. Extremists are the dangeous ones. But hey, let's forget about that and find ways to trash the Constitution, shall we? ...sigh...

    1. Re:First Amendment Message? by Ralph+Wiggam · · Score: 4, Insightful

      After the Oklahoma City bombing the FBI instructed police to be on the look out for the muslim men they assumed were behind it. Luckily, the White Christian ex-Marine who did it was already in custody for speeding.

      -B

    2. Re:First Amendment Message? by rice_web · · Score: 3, Insightful

      The Muslim population across the globe has long been oppressed. Of course most of them see nothing wrong.

      --
      The Political Programmer
    3. Re:First Amendment Message? by Tony-A · · Score: 3, Insightful

      If the KKK (Christian extremists) were lynching people still, you can guarantee you'd have Christians across the country outraged by this and telling everyone.

      Some. From a distance. Almost never from the same social set as the members of the KKK.

      It's easy to be morally outraged at them, almost impossible to be morally outraged at us.

    4. Re:First Amendment Message? by NoMoreNicksLeft · · Score: 3, Insightful

      Christians in India do use bombs to kill in the name of religion.

      Christians in the south use bombs to kill abortion doctors in the name of religion.

      Muslim moderates aren't obligated to feel outrage over the extremists, especially not for your benefit.

      Most christians in the US, even the non-KKK variety, were never really outraged against lynching. If they say so now, it's generally more of a political thing, rather than the true sentiment.

    5. Re:First Amendment Message? by LinuxGuyFriend · · Score: 3, Insightful

      Because one side is the US army and the US likes to BS the world about freedom, democracy, what's right etc. And the other side is terrorists.

      So if people were as outraged about the terrorists as they are about US troops committing torture and so on, would that mean that we expect the terrorist organisations and the US military to be on the same level of morality?

      Please note that crime committing US soldiers don't sully the Chritian name as terrorists do to Islam.

      US soldiers can pretty much go freely to any country in the world, with a few exceptions. Terrorists on the other hand are hunted down by pretty much all (if not all) countries in the world. As a matter of fact, they tend to be treated with extreme prejudice in Arab coutries.

      How many people in the US think the prison abuse in Iraq is no big deal? 30-40%? How many people in Arab countries think it's ok to decapitate a person? Probably much less. Perhaps Muslims don't need be told every minute what's rigt and what's wrong. How about Christian "flocks"?

    6. Re:First Amendment Message? by 0x0d0a · · Score: 4, Insightful

      Muslim moderates *ARE* obligated to take a stand against extremism. It is *NOT* acceptable to stand quietly while such unacceptable acts are commited. Just as I am obligated to take a stand against the actions of US soldiers (and to take a stand against US policy), Muslims are obligated to take a stand against murder.

      I've seen *numerous* statements made by Islamic groups condemning September 11th. I believe even the Taliban condemned September 11th (though that didn't mean that they were willing to turn over bin Laden).

      Just what exactly are you expecting? I mean, it's not as if Joe Smith, a Christian architect, can stop Christian extremists from killing abortion clinic workers any more than a random Islamic accountant working in Manhattan can stop a bunch of Islamic extremists from attacking targets that *they* hate.

  4. Love the CNN link by Anonymous Coward · · Score: 4, Insightful
    http://www.cnn.com/2004/LAW/06/10/computer.terrori sm.ap/

    I believe a better title would be:

    http://www.cnn.com/2004/LAW/06/10/first.amendment. still.functional.ap/
  5. Surprised and pleased by jnicholson · · Score: 3, Insightful
    I'm surprised that the jury was able to see through this case. I wonder what were the charges that were dropped?

    Is this a case designed to test the waters to determine who has responsibility for web content? Did they go after the ISP as well?

    Will they retry on the remaining charges? What will happen after he's deported? The whole situation is a little bit scary.

    --
    "Do not drill any holes in your cat - it will not like it."
    -- Nick Davies
  6. Correct verdict, but... by swinginSwingler · · Score: 3, Insightful

    I'll die fighting to let him say what he wants. But, don't let him show up at my any of my favorite bars around Ft. Bragg. Anyone who supports "religious edicts justifying suicide bombings" and invites people to "financially support the militant Palestinian organization Hamas" wouldn't last too long there.

    1. Re:Correct verdict, but... by wwest4 · · Score: 4, Insightful

      If some reactionary soldier kicks the shit out of some guy for saying something even as repugnant as advocating suicide bombing, he is stomping on the freedoms he's fighting for. That's like building a house and then razing it because you don't like who moved in. There is no freedom of speech if there is still the implied threat of physical retaliation.

      Besides, it's pretty obvious the guy isn't going to evangelize at Ft. Bragg. What's the point... it would be like trying to sell Pax Americana to a mullah and his followers, right?

    2. Re:Correct verdict, but... by orthogonal · · Score: 4, Insightful

      Go to a soldier bar and start talking that shit and they WILL kill you. It's what they are trained to do. Right or wrong, that's the way it is. Soldiers aren't supposed to stop and think "Oh wait, I'm supposed to be protecting what he says".

      I hope you're trolling.

      What you've said is an affront to decent soldiers everywhere.

      Soldiers aren't trained to be a blood-thirsty mob, lashing out at anyone they disagree with.

      Soldiers are trained to think and act with discipline. They take an oath to "protect and defend" the Constitution, and that includes the 1st Amendment.

      Sure, not all soldiers meet this ideal; Abu Ghraib has demonstrated that, as did Lt. Calley at My Lai in 1968.

      But Hugh Thompson, the U.S. Army helicopter pilot who threatened to open fire on the U.S. troops massacring the Vietnamese civilians at My Lai, and Joseph Darby, the U.S. Army soldier who reported the Abu Ghraib atrocities to his superiors -- these are men who show the true measure that soldiers should aspire to.

      Your willingness to let bad soldiers off the hook is pure condescension, arrogating yourself above those you imply are "dumb muscle-bound soldiers who can't be trusted to behave like civilized men." It's pure insult to the many decent men and women who have served and are now serving our country.

  7. Witches, Communists and Terrorists by Anonymous Coward · · Score: 5, Insightful

    It's unfortunate, but I'm beginning to realize that this is a recurring theme in the human condition. Every generation has a group to hate/fear. Hundreds of years ago it was witches. Our parents' generation feared the communists, and now we have the terrorists.

    In each of these cases freedom has always been the first victim. With witches it was the loss of religious freedom. With the communists came the loss of actual freedom for many wrongly imprisoned. Today not only are innocents like Sami Al-Hussayen losing their freedom, but we're all losing a little freedom as we exchange privacy for so-called "protection".

  8. Which just goes to show... by Anonymous Coward · · Score: 5, Insightful

    That lunatics aren't limited to the left or right of the political spectrum.

  9. Re:What's the deal with freerepublic.com? by femto · · Score: 5, Insightful
    Apart from the fact you are probably not looking, it is also a matter of numbers and the fact that 'left' and 'right' are relative terms.

    The fact is that the US is one of the more right wing nations. Consequently, even though you think you are left, or central, relative to the rest of the world you are probably quite right wing.

    There are 290 million people in the US. There are 6 billion in the world. Thus chances are a significant portion of the world's population is 'left' of you. Conseqently an American will generally view a collection of the world's population, such as the Internet, as being 'left wing'.

    As an illustration, I've generally considered slashdot to be somewhere between 'right' and 'centre'. I'm an Australian and consider myself to be 'centre' in Australian politics. I gather the majority of American slashdotters consider slashdot to be 'left'.

  10. one question... by __aahlyu4518 · · Score: 4, Insightful

    do they have to stop the 'approved' torture now?

  11. Acquitted, but didn't do him any good. by Anonymous Coward · · Score: 3, Insightful

    From the article:

    "Al-Hussayen remains in custody on an immigration hold."

    That single fact speaks volumes.

  12. Re:What's the deal with freerepublic.com? by 0x0d0a · · Score: 5, Insightful

    You know, every now and then someone comes along and upsets my world view and makes me re-jiggle things until everything fits together again.

    It's not very comfortable, but I suppose it's quite healthy to do so.

    Thank you.

  13. Re:Don't tell this to the PeePers by Chasuk · · Score: 3, Insightful

    Indeed. freerepublic.com is so "free" that shortly after I posted there - a very moderate, reasonable comment, incidentally - my message was "Removed by Moderator" and when I next attempt to post a message, I encountered this:

    Your posting privilege has been revoked.

    Freerepublic.com - where the moderators are too chickshit to allow their flock to engage in conversation which might meaningfully contradict their biases.

  14. Re:What's the deal with freerepublic.com? by martinX · · Score: 4, Insightful

    As a fellow Aussie, I agree. Regardless of what they think they have, the US political scene seems to consist of Right and Further Right.

    Plus the whole Libertarian thing seems really out there.

    My own political position? LeftRightOut :-)

    --
    When they came for the communists, I said "He's next door. Take him away. Goddam commies."
  15. Re:What's the deal with freerepublic.com? by harlemjoe · · Score: 3, Insightful

    conservative forums/blogs
    try oxblog.blogspot.com
    or www.andrewsullivan.com
    or www.realclearpolitics.com
    or www.instapundit.com

    --
    shooting is not too good for my enemies
  16. Attention Foreigners.. by humankind · · Score: 4, Insightful

    Official Public Notice...

    Attention non-US-citizens

    We know that you have looked to the United States over the years as a benchmark for progress. The innovation and passion of our infant society and government has made great strides in the progression of humankind.

    However, please be advised that this progress has now ceased.

    Don't waste your time being disappointed with the obvious lack of logic, consistency, lawfulness or compassion of our people. It has all but evaporated.

    America has turned into a society of consumers who value materialism over everything else, and as a result, we interpret "truth" according to the tenets which most benefit our quest for validation within our society of consumption.

    Not everyone in our country believes in these ideals, but you wouldn't know that from watching American media.

    So the energy you would expend to call attention to the numerous double standards of the ideals that we supposedly espouse might be best served, if they were recycled into a campaign to overthrow the political parties that are employing the misguided notion that large corporations and media conglamorates have the masses best interests in mind.

  17. Who said anything about the Catholic Church? by mcc · · Score: 4, Insightful

    We're talking about pseudomilitiant extremist Christians in America today, aka the "Christian Right", which is more of a cultural group than a religious bloc. And while there's probably some militant Catholics out there somewhere, they probably don't get to be counted as part of the "Christian Right" club. In fact, that particular movement sometimes seems to hate Catholics even almost as much as they hate us homosexuals.

    No, clearly not all Christians are in with this crowd. And not all Christians are "turning a blind eye" to things like abortion clinic bombings. But within the Christian community a violent minority does exist. And the number of "Christians" that are turning a blind eye, or even to some degree tacitly approving, to the extremists among them is large enough to be rather scary. And the number of Christians who practice their personal religion in a totally healthy, positive and loving way, yet seem to be totally unconcerned that a nontrivial number of people out there are applying the name "Christian" to a religion based essentially around hate, is much larger.

    Basically, if you're trying to protest the painting of all Christians with a wide brush, then yes, you're right, good point. But other than that, I don't see how one Christian minority group disapproving of violent tactics makes the actions of another Christian minority group which does approve of violent tactics any less of a "lynching".

  18. Re:What's the deal with freerepublic.com? by marsu_k · · Score: 4, Insightful
    What I've always found incredibly amusing is the fact that "the greatest democracy in the world" has effectively two political parties to choose from; both of which, from my non-American perspective, are quite right wing. Neither left wing by any global standards. Remember the Soviet Union? (no, I'm not going to make a bad joke) They were widely criticized for having just one party. The US has it better - by one.

    (please note I'm not advocating the Soviet system, just an observation)

  19. Re:What's the deal with freerepublic.com? by Noah+Adler · · Score: 3, Insightful

    Of course, 'left' and 'right' are horribly inadequate terms too. This holds true too for the terms 'conservative' and 'liberal', as demonstrated by one of my favorite recent sayings: 'Bush: he's liberal in all the wrong ways!' (sorry, can't recall whom to credit) Reducing political inclination to a single spectrum is a vast and rather ridiculous oversimplification. As another responder pointed out, there is also an orthogonal issue of 'libertarian-authoritarian' tendencies.

    A nice site to check out might be The Political Compass, which nicely illustrates the fundamental issue with projecting everything into a single left-right/liberal-conservative axis. Of course, even two axes probably isn't enough, but it's much closer to an accurate representation. Hope it's at least a little bit enlightening.

  20. Sweet justice... by danharan · · Score: 3, Insightful
    He faced up to 15 years for each of three terrorism charges, 25 years on each visa fraud charge and 5 years on each false statement charge.
    *Shakes head* So, visa fraud is a greater offense than terrorism?
    --
    Information: "I want to be anthropomorphized"
  21. Re:It seems to be part of a general social breakdo by ACNiel · · Score: 5, Insightful

    You seem to have lost sight of the fact that being a communist was, is, and should always be legal in this country.

    As it wasn't a crime, people should never have been subjected to the threats, investigations, and persecution the government was promoting.

    I do not agree with communism. I would not go to a rally. I don't care if the person next to me has or not. The "communists" in Hollywood were just disenfranchised. They weren't Soviet spies.

    I would never turn in my neighbor because of something that wasn't, isn't, and shouldn't be a crime.

  22. Re:/. : Lefisist political site by carldot67 · · Score: 4, Insightful

    Leftist?

    Someone has a severe chip on their choulder here. This isnt about leftism, its about freedom and consistency.

    Back in the eighties when my home town was getting bombed by the I.R.A. I dont remember anyone on US soil being hauled into jail for 18 months on "Terrorist Charges". Why? Because raising money for NorAid wasnt a criminal, terrorist activity. AND NEITHER IS THIS.

    Too often Americans forget their recent history books. May I refer you to McCarthyism. Its right there. Between Klan and Prohibition.

    Capitalism has nothing to do with it. The majority standing by in their comfortable homes and saying nothing while injustice runs riot is the issue here.

    For shame.

    --
    I wish at was Friday, but I dont want to wish my life away. So I wish it was last Friday.
  23. Re:It seems to be part of a general social breakdo by Anonymous Coward · · Score: 3, Insightful

    I agree with you 100%, btw. I'm getting that out there right away because the next bit is off-the-cuff rambling. :) Maybe it will inspire some thoughts or something.

    Of course you wouldn't turn in your neighbor because of something that "wasn't, isn't, and shouldn't" be a crime...but when you add "shouldn't", you are making a personal judgement call. Governments don't like that, they like to believe they are in control. (Managers don't like it either!)

    The real question is, when push comes to shove, will you stop/try to stop the rapid dogs of hatred from taking your neighbor away, when they come for him? Will you put your own life/reputation/job/whatever on the line for your friends, or what you feel is the right thing to do?

    It's all about personal conviction. I either came off sounding like a true patriot, or a radical terrorist there. Hmm.

    (The names of the factions in question, and "what is right" have been deliberately removed as they can apply to pretty much any group of 5 or more people, and pretty much any philosophy).

  24. Re:It's amazing how much jurors do not know by lobsterGun · · Score: 3, Insightful

    Where do you people get this stuff??? The OJ case wasn't about nullification.

    It would have been nullification if the jurors had declared afterwards "Yeah, he did it, but the laws against First Degree Murder are wrong or were wrongly applied"

    Instead, in the after the trial interviews, the jurors said, "We didn't think he did it."

    As an aside...they also said that had they seen the evidence that was excluded at trial that they would have voted to convict. That's the bitch of the OJ trial and what most people can't understand: It wasn't that the jury was too stupid or gullible. It was that the prosecution was out manuvered by the all star squad of Cochran, Bailey, Dershiwitz, and Shapiro.

  25. Re:I'm in shock too by grgyle · · Score: 3, Insightful

    Honestly, there is a great deal of insight in 'commodoresloats' comment.

    I've sat in the jury selection pool a couple of times and, almost without exception, the people that go to the final jury box are usually midwest, mom 'n' apple pie, 2.4 children, elk's club types. Anyone who displays *any* objectivity or open-mindedness of opinion, knowledge or interest in the law, or displays any "big picture" concern or opinion is guaranteed a "thank you, you may go now" from the legal counsels. Arguably this can be good or bad, but the primary concern of the defense and prosecution when picking jurors is *predictability* of the jurors' eventual viewpoints and opinions.

    --
    ----- And all that the Lorax left here in this mess was a small pile of rocks, with one word...UNLESS.