[Infowarrior] - Appeals Court: Patriot Act Too Vague

[Richard Forno]

http://www.newsmax.com/newsfront/Patriot_Act_ruling/2007/12/11/56077.html

Appeals Court: Patriot Act Too Vague

Tuesday, December 11, 2007 9:52 AM


LOS ANGELES -- A federal appeals court ruled that some portions of the
U.S. Patriot Act dealing with foreign terrorist organizations are
unconstitutional because the language is too vague to be understood by
a person of average intelligence.

The ruling released Monday by the 9th U.S. Circuit Court of Appeals in
San Francisco affirms a 2005 decision by U.S. District Judge Audrey
Collins, who ruled on a petition seeking to clear the way for U.S.
groups and individuals to assist political organizations in Turkey and
Sri Lanka.

Collins said language in the Patriot Act was vague on matters
involving training, expert advice or assistance, personnel and service
to foreign terrorist organizations. Her ruling prevented the federal
government from enforcing those provisions as they apply to the
terrorist groups named in the lawsuit.

Without clear language, the plaintiffs argued, those who provide
assistance to foreign terrorist organizations could be subject to
prison terms of up to 15 years.

Charles Miller, a Justice Department spokesman, said his agency was
reviewing the ruling to determine a response.

In its 27-page decision, the appeals court said that to survive a
vagueness challenge, a statute ''must be sufficiently clear to put a
person of ordinary intelligence on notice that his or her contemplated
conduct is unlawful.''

The language covered by the ruling remained unconstitutionally vague
despite Congressional amendments to the Patriot Act meant to remedy
the problems, the appeals court ruled.

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