Federal Judge Smacks Down Unconstitutional NDAA!!!

Posted on May 21, 2012

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New York (The Gaslamp Post) – A group who is suing President Barack Obama, Secretary of Defense Leon Panetta, and the Department of Defense, won a crucial victory on May 15, 2012.  A federal judge in Manhattan who ruled in favor of the group, saw things their way and has temporarily blocked the law.

This move will require an overruling from higher court, or an act of congress, in order for the law to be enforced.

NDAA, or the National Defense Authorization Act, which was signed into law on December 31, 2011, allows for the indefinite military detention of any American or naturalized citizen, or legal resident, if they are believed to have given any support to anyone hostile to the United States.  Given the vagueness of the law, it not only directly threatens the 1st amendment, but allows Americans to be held without being charged, for an indefinite length of time.

U.S. District Judge Katherine Forrest said that, “The statute at issue places the public at undue risk of having their speech chilled for the purported protection from al-Qaeda, the Taliban, and ‘associated forces’ – i.e., ‘foreign terrorist organizations’.”

Ironically, Judge Forrest was appointed by the president and has presided over that court since last October.

Section 1021 of the bill, is where the group is having the biggest problem.  The numerous ways in which it could interpreted is so vague that 1st amendment protections could be trumped over a conversation or even an association or acquaintance.  With this being the just cause for the detention of a citizen.

“The government was given a number of opportunities at the hearing and in its briefs to state unambiguously that the type of expressive and associational activities engaged in by plaintiffs — or others — are not within Section 1021,”  Judge Forrest said.  “It did not.  This court therefore must credit the chilling impact on First Amendment rights as reasonable — and real.”

(h/t:  Bloomberg)

Posted in: Patriotism