Comment by nonethewiser
17 hours ago
There is the absolutely perfect Supreme Court case that ruled against your theory.
Holder v. Humanitarian Law Project https://supreme.justia.com/cases/federal/us/561/1
There is a law (18 U.S.C. § 2339B) that says you cant knowingly provide material support for designated foreign terrorist organizations. A law firm wanted to provide financial support and legal services to some, including the PKK (the same group A/I was accused of helping). They argued the federal law violated their first amendment rights.
The court concludes that the first amendment doesn't protect your ability to provide material support including services and communication equipment and the law still stands today.
US courts have made many decisions that go against the US Constitution. This is an example. Notice the US Constitution says Congress cannot do that, period. And it doesn't limit that only to laws concerning US citizens, differently from other articles and amendments that explicitly say this is for citizens only, and that for non-citizens. And yet, the many SCOTUS incarnations look at that and go "naaah!" because reasons.
That's why the US Constitution Americans know is a few pages long, while the one actual US judges, lawyers etc. use is a massive 3,000 pages long volume. That's what it takes to rhetorically weasel oneself away from most of what those few initial pages do say.
I didn't claim that there was no basis in the legal system for these draconian actions. Clearly there must be, or they wouldn't be happening, right? Positive arguments rooted in what is aren't terribly compelling when the government has gone off the rails (unfortunately).
From a normative what ought perspective, a rationalization from an institution that has been slowly chipping away at our Constitutional rights is not particularly compelling. "Bad facts make bad law" is a saying for a reason. You're certainly not the first to casually disregard the freedom of speech!
So make no mistake, this action here is still fundamentally about speech - regardless of the routine legal hack of focusing on the concrete embodiment of said speech to sidestep a restriction on policing the speech itself. A/I is providing a platform for speech to these other groups, which seems eminently reasonable to me. Accepting the government's arguments here would imply accepting that it's also illegal to read what a terrorist group has written, as you would be giving them "material support" by helping their writings reach you by transiting your network and processing them with your computing device.
Which is why I said "weak men create hard times". It is difficult work to look at people you disagree with and acknowledge they too have rights, especially in the face of the powerful pushing rationalizations otherwise. But it's necessary work, lest the next time political winds shift you find yourself staring down the business ends of same exact pointy sticks that you had been cheering on.