"The law is a ass--a idiot"--continued

A follow-up to this earlier posting where I used the Charles Dickens quote in the context of a law suit that had worked its way up to the Supreme Court.  A quick recap of that case:

Ralph Fertig hardly resembles a terrorist, but the soft-spoken 79-year-old pacifist and human rights activist from Los Angeles might well qualify as one under the government's strong anti-terrorism law.
He is the lead plaintiff in a Supreme Court case to be heard next week that will test whether speaking out on behalf of an oppressed foreign minority -- represented by a group that's been deemed a terrorist organization by the U.S. -- can result in a long prison term.

So, what did the Supremes say?  Are we to be surprised that the uber-conservative Supreme Court supports the government's position?

The court ruled 6-3 Monday that the government may prohibit all forms of aid to designated terrorist groups, even if the support consists of training and advice about entirely peaceful and legal activities.

Material support intended even for benign purposes can help a terrorist group in other ways, Chief Justice John Roberts said in his majority opinion.

Six to three!  even the retiring Stevens sided with the conservatives on the bench.  (Well, this is merely another piece of evidence that Stevens is not that much a "liberal" justice, as is often mistakenly presented.)

What did the three dissenting justices say?  Here is their spokesman, Justice Breyer:

I cannot agree with the Court’s conclusion that the Constitution permits the Government to prosecute the plaintiffs criminally for engaging in coordinated teaching and advocacy furthering the designated organizations' lawful political objectives. In my view, the Government has not met its burden of showing that an interpretation of the statute that would prohibit this speech- and association-related activity serves the Government's compelling interest in combating terrorism. And I would interpret the statute as normally placing activity of this kind outside its scope.

It is bloody f*ed up, I say. Again, as a reminder, what did Ralph Fertig do, and what does he want to achieve?

The Palestine Liberation Organization and the Irish Republican Army, two of history’s most notorious terrorist groups, have never appeared on the State Department’s List of Designated Foreign Terrorist Organizations. By the time the list was first compiled in 1997, both groups were deemed to be moving away from violence and toward a peaceful resolution of their grievances.
Ralph Fertig, president of the Humanitarian Law Project, wants to encourage a similar change within the Kurdistan Workers’ Party, a violent separatist group in Turkey also known as the PKK (its Kurdish initials). But he worries that doing so will expose him to prosecution for providing “material support” to a terrorist organization, a crime Congress has defined so broadly that it includes a great deal of speech protected by the First Amendment. When it hears Fertig’s case next week, the Supreme Court will have a chance to correct that error.
Fertig, a civil rights lawyer and former administrative law judge, seeks, as the district court described it, to “provide training in the use of humanitarian and international law for the peaceful resolution of disputes, engage in political advocacy on behalf of the Kurds living in Turkey, and teach the PKK how to petition for relief before representative bodies like the United Nations.” Fertig says he also wants to “advocate on behalf of the rights of the Kurdish people and the PKK before the United Nations and the United States Congress.”

I am looking forward to Glenn Greenwald's and Dahlia Lithwick's analyses ...

BTW, does this mean that the 80-year old Ralph Fertig is looking at prison time?