http://www.truthout.org/docs_2006/121107B.shtml

TRUTHOUT

Appeals Court Says Some Patriot Act Provisions Unconstitutional
By Keith St. Clair
The Fresno Bee

Monday 10 December 2007

A federal appeals court ruled Monday that some portions of the U.S. Patriot Act that govern dealings with foreign terrorist organizations are unconstitutional because the language is too vague to be understood by a person of ordinary 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.

Collins ruled on a petition seeking to clear the way for U.S. groups and individuals to assist organizations in Turkey and Sri Lanka with training on applying for disaster relief or conducting peace negotiations.

Collins said language in the Patriot Act was vague on matters involving training, expert advice or assistance, personnel and service to foreign terrorist organizations.

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

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

Collins' ruling prevented the federal government from enforcing the vague Patriot Act provisions as they apply to the terrorist groups named in the lawsuit.

In its 27-page decision, the 9th U.S. Circuit Court of Appeals held 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.