[EL] Holder v. Humanitarian Law Project and Independent v. Coordinated Advocacy

[Scarberry, Mark]

Has anyone commented on the distinction made in Holder v. Humanitarian Law Project between independent/non-coordinated advocacy, which is protected, and controlled/coordinated advocacy, which is not (or may not be) constitutionally protected with regard to the federal law criminalizing "provision of 'material support or resources' to certain foreign organizations that engage in terrorist activity"? The analogy to independent versus coordinated campaign speech is interesting. See 130 S. Ct. 2705 (2010).

Mark S. Scarberry
Professor of Law
Pepperdine Univ. School of Law
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