holder attorney general et al humanitarian law project et argued february decided june federal crime knowingly provid material support resources foreign terrorist organization authority designate entity foreign terrorist organization rests secretary state subject judicial review term support resources means property tangible intangible service including currency monetary instruments financial securities financial services lodging training expert advice assistance safehouses false documentation identification communications equipment facilities weapons lethal substances explosives personnel individuals may include oneself transportation except medicine religious materials years definition material support resources amended inter alia clarify violation requires knowledge foreign group designation terrorist organization commission terrorist acts define terms training expert advice assistance personnel among entities secretary state designated foreign terrorist organization partiya karkeran kurdistan pkk liberation tigers tamil eelam ltte aim establish independent respectively kurds turkey tamils sri lanka although groups engage political humanitarian activities also committed numerous terrorist attacks harmed american citizens claiming wish support groups lawful nonviolent activities two citizens six domestic organizations hereinafter plaintiffs initiated constitutional challenge statute litigation complicated history ultimately district partially enjoined enforcement statute plaintiffs ninth circuit affirmed plaintiffs government certiorari granted petitions litigation stands plaintiffs challenge prohibition providing four types material support training expert advice assistance service personnel asserting violations fifth amendment due process clause ground statutory terms impermissibly vague violations first amendment rights freedom speech association claim invalid extent prohibits engaging certain specified activities including training pkk members use international law resolve disputes peacefully teaching pkk members petition nations representative bodies relief engaging political advocacy behalf kurds living turkey tamils living sri lanka held statute constitutional applied particular forms support plaintiffs seek provide foreign terrorist organizations pp preenforcement challenge justiciable article iii case controversy plaintiffs face credible threat prosecution required await undergo criminal prosecution sole means seeking relief babbitt farm workers avoid constitutional issues litigation accepting plaintiffs argument statute applied speech interpreted require proof defendant intended foreign terrorist organization illegal activities reading inconsistent text prohibits knowingly providing material support demonstrates congress chose knowledge organization connection terrorism specific intent terrorist activities necessary mental state violation plaintiffs reading also untenable light sections immediately surrounding unlike refer intent terrorist activity see finally textual basis plaintiffs argument language read require specific intent regard speech regard forms material support pp applied plaintiffs statute unconstitutionally vague ninth circuit improperly merged plaintiffs vagueness challenge first amendment claims holding training service portion expert advice assistance impermissibly vague applied protected speech regardless whether applications clear appeals also contravened rule plaintiff engages conduct clearly proscribed complain vagueness law applied conduct others hoffman estates flipside hoffman estates statute application plaintiffs provide person ordinary intelligence fair notice prohibited williams statutory terms issue training expert advice assistance service personnel quite different sorts terms like struck requiring wholly subjective judgments without statutory definitions narrowing context settled legal meanings congress increased clarity terms adding narrowing definitions knowledge requirement reduces potential vagueness see hill colorado although statute may clear every application dispositive point terms clear application plaintiffs proposed conduct activities plaintiffs seek engage readily fall within scope training expert advice assistance fact plaintiffs repeatedly used terms describe proposed activities plaintiffs resort hypothetical situations testing limits training expert advice assistance beside point litigation concern situations see scales gentile state bar distinguished plaintiffs contention statute vague application political advocacy wish undertake runs afoul makes clear personnel cover advocacy acting entirely independently foreign terrorist organization ordinary meaning service refers concerted activity independent advocacy context confirms meaning independently advocating cause different prohibited act providing service foreign terrorist organization thus independent advocacy plaintiffs wish engage prohibited hand person ordinary intelligence understand term service cover advocacy performed coordination direction foreign terrorist organization plaintiffs argue construction statute poses difficult questions exactly much direction coordination necessary activity constitute service plaintiffs provided specific articulation degree seek coordinate advocacy pkk ltte however prevail preenforcement challenge see washington state grange washington state republican party pp applied plaintiffs statute violate freedom speech guaranteed first amendment pp plaintiffs government take extreme positions question plaintiffs claim congress banned pure political speech claim unfounded statute may say anything wish topic section prohibit independent advocacy membership pkk ltte rather congress prohibited material support often take form speech statute carefully drawn cover narrow category speech direction coordination foreign groups speaker knows terrorist organizations hand government errs arguing thing actually issue conduct speech correct standard review intermediate scrutiny set standard used review regulation speech regulates plaintiffs speech pkk ltte basis content even statute generally functions regulation conduct applied plaintiffs conduct triggering coverage statute consists communicating message thus must apply demanding standard one described texas johnson pp parties agree government interest combating terrorism urgent objective highest order plaintiffs argue objective justify prohibiting speech say advance legitimate activities pkk ltte whether foreign terrorist organizations meaningfully segregate support legitimate activities support terrorism empirical question congress rejected plaintiffs position question enacted finding foreign organizations engage terrorist activity tainted criminal conduct contribution organization facilitates conduct stat note following record confirms congress justified rejecting plaintiffs view pkk ltte deadly groups difficult conclude congress taint violent activities great working coordination command legitimizes furthers terrorist means moreover material support meant promote peaceable lawful conduct diverted advance terrorism multiple ways record shows designated foreign terrorist organizations maintain organizational firewalls social political terrorist operations financial firewalls funds raised humanitarian activities used carry terrorist attacks providing material support form also undermine cooperative international efforts prevent terrorism strain relationships allies including defending violent insurgencies waged foreign terrorist groups pp rely exclusively factual inferences drawn record evidence considers executive branch stated view experience analysis government agencies charged combating terrorism strongly support congress finding contributions foreign terrorist organizations even seemingly benign purposes groups terrorist activities evaluation facts like congress assessment entitled deference given sensitive national security foreign relations interests stake defer government reading first amendment respect government factual conclusions appropriate light courts lack expertise respect national security foreign affairs reality efforts confront terrorist threats occur area information difficult obtain impact certain conduct difficult assess conclusions must often based informed judgment rather concrete evidence also finds significant congress conscious responsibility consider actions may implicate constitutional concerns importantly congress avoided restriction independent advocacy indeed activities directed coordinated controlled foreign terrorist groups given sensitive interests national security foreign affairs stake political branches adequately substantiated determination prohibiting material support form training expert advice personnel services foreign terrorist groups serves government interest preventing terrorism even providing support mean promote groups nonviolent ends particular speech plaintiffs propose undertake wholly foreseeable directly training pkk use international law resolve disputes provide group information techniques use part broader strategy promote terrorism threaten manipulate disrupt teaching pkk petition international bodies relief also help pkk obtain funding redirect violent activities plaintiffs proposals engage political advocacy behalf kurds tamils turn phrased generally prevail preenforcement challenge decide whether future applications statute speech advocacy survive first amendment scrutiny simply holds violate freedom speech applied particular types support plaintiffs seek provide pp statute violate plaintiffs first amendment freedom association plaintiffs argue statute criminalizes mere fact associating pkk ltte thereby runs afoul precedents ninth circuit correctly rejected claim penalize mere association prohibits act giving foreign terrorist groups material support burden plaintiffs freedom association caused preventing supporting designated foreign terrorist organizations groups justified reasons rejects free speech challenge pp affirmed part reversed part remanded roberts delivered opinion stevens scalia kennedy thomas alito joined breyer filed dissenting opinion ginsburg sotomayor joined eric holder attorney general et petitioners humanitarian law project et al humanitarian law project et petitioners eric holder attorney general et al writs certiorari appeals ninth circuit june chief justice roberts delivered opinion congress prohibited provision material support resources certain foreign organizations engage terrorist activity prohibition based finding specified organizations tainted criminal conduct contribution organization facilitates conduct antiterrorism effective death penalty act aedpa stat note following findings purpose plaintiffs litigation seek provide support two organizations plaintiffs claim seek facilitate lawful nonviolent purposes groups applying law prevent violates constitution particular claim statute vague violation fifth amendment infringes rights freedom speech association violation first amendment conclude statute constitutional applied particular activities plaintiffs told us wish pursue however address resolution difficult cases may arise statute future litigation concerns makes federal crime knowingly provid material support resources foreign terrorist organization congress amended definition material support resources periodically present defined follows term support resources means property tangible intangible service including currency monetary instruments financial securities financial services lodging training expert advice assistance safehouses false documentation identification communications equipment facilities weapons lethal substances explosives personnel individuals may include oneself transportation except medicine religious materials see also authority designate entity foreign terrorist organization rests secretary state may consultation secretary treasury attorney general designate organization upon finding foreign engages terrorist activity terrorism thereby threatens security nationals national security ational security means national defense foreign relations economic interests entity designated foreign terrorist organization may seek review designation circuit within days designation secretary state designated groups foreign terrorist organizations see fed reg two groups kurdistan workers party also known partiya karkeran kurdistan pkk liberation tigers tamil eelam ltte pkk organization founded aim establishing independent kurdish state southeastern turkey humanitarian law project reno supp cd cal brief petitioners hereinafter brief government ltte organization founded purpose creating independent tamil state sri lanka supp brief government district action found pkk ltte engage political humanitarian activities see supp government presented evidence groups also committed numerous terrorist attacks harmed american citizens see app ltte sought judicial review designation foreign terrorist organization circuit upheld designation see people mojahedin organization iran dept state pkk challenge designation supp plaintiffs litigation two citizens six domestic organizations humanitarian law project hlp human rights organization consultative status nations ralph fertig hlp president retired administrative law judge nagalingam jeyalingam tamil physician born sri lanka naturalized citizen five nonprofit groups dedicated interests persons tamil descent brief petitioners pp ii hereinafter brief plaintiffs app plaintiffs filed suit federal challenging constitutionality statute plaintiffs claimed wished provide support humanitarian political activities pkk ltte form monetary contributions tangible aid legal training political advocacy fear prosecution supp relevant plaintiffs claimed statute unconstitutional two grounds first violated freedom speech freedom association first amendment criminalized provision material support pkk ltte without requiring government prove plaintiffs specific intent unlawful ends organizations second plaintiffs argued statute unconstitutionally vague plaintiffs moved preliminary injunction district granted part district held plaintiffs established probability success first amendment speech association claims see held plaintiffs established probability success claim applied statutory terms personnel training definition material support impermissibly vague see appeals affirmed rejected plaintiffs speech association claims including claim violated first amendment barring contributing money pkk ltte see appeals agreed district terms personnel training vague easy imagine protected expression falls within bounds terms see preliminary injunction issue decided action returned district parties moved summary judgment merits district entered permanent injunction applying plaintiffs bans personnel training support see abc bqrx wl cd appeals affirmed meanwhile congress amended definition material support resources add term expert advice assistance uniting strengthening america providing appropriate tools required intercept obstruct terrorism act patriot act stat plaintiffs filed second action challenging constitutionality term applied supp cd cal action government argued plaintiffs lacked standing preenforcement claims ripe district held plaintiffs claims justiciable plaintiffs sufficiently demonstrated genuine threat imminent prosecution internal quotation marks omitted potential chill plaintiffs protected expression see merits district held term expert advice assistance impermissibly vague district rejected however plaintiffs first amendment claims new term substantially overbroad criminalized associational speech see parties pending ninth circuit granted en banc rehearing panel decision plaintiffs first action involving terms personnel training see en banc heard reargument december see supp cd cal three days later congress amended definition material support resources intelligence reform terrorism prevention act irtpa stat irtpa congress clarified mental state necessary violate requiring knowledge foreign group designation terrorist organization group commission terrorist acts congress also added term service definition material support resources defined training mean instruction teaching designed impart specific skill opposed general knowledge also defined expert advice assistance mean advice assistance derived scientific technical specialized knowledge finally irtpa clarified scope term personnel providing person may prosecuted connection term unless person knowingly provided attempted provide conspired provide foreign terrorist organization individuals may include work terrorist organization direction control organize manage supervise otherwise direct operation organization individuals act entirely independently foreign terrorist organization advance goals objectives shall considered working foreign terrorist organization direction control shortly congress enacted irtpa en banc appeals issued order plaintiffs first action en banc affirmed rejection plaintiffs first amendment claims reasons set ninth circuit panel decision see ibid light irtpa however en banc vacated panel judgment respect vagueness remanded district proceedings ibid ninth circuit panel assigned plaintiffs second action relating expert advice assistance also remanded light irtpa see supp district consolidated two actions remand see ibid also allowed plaintiffs challenge new term service see parties moved summary judgment district granted partial relief plaintiffs vagueness grounds see appeals affirmed first rejected plaintiffs claim statute violate due process unless read require specific intent illegal ends foreign terrorist organization see ninth circuit also held statute overbroad violation first amendment see vagueness appeals noted plaintiffs raised facial vagueness challenge held applied plaintiffs terms training expert advice assistance derived specialized knowledge service vague continue cover constitutionally protected advocacy term personnel vague longer criminalize pure speech protected first amendment government petitioned certiorari plaintiffs filed conditional granted petitions ii given complicated history litigation pause clarify questions us plaintiffs challenge prohibition four types material support training expert advice assistance service personnel raise three constitutional claims first plaintiffs claim violates due process clause fifth amendment four statutory terms impermissibly vague second plaintiffs claim violates freedom speech first amendment third plaintiffs claim violates first amendment freedom association plaintiffs challenge statutory terms applications rather plaintiffs claim invalid extent prohibits engaging certain specified activities see brief plaintiffs respect hlp judge fertig activities train ing members pkk use humanitarian international law peacefully resolve disputes engag ing political advocacy behalf kurds live turkey teach ing pkk members petition various representative bodies nations relief see supp respect plaintiffs activities train ing members ltte present claims aid mediators international bodies offer ing legal expertise negotiating peace agreements ltte sri lankan government engag ing political advocacy behalf tamils live sri lanka see supp plaintiffs also state ltte recently defeated militarily sri lanka uch support tamil organizations jeyalingam sought provide moot brief plaintiffs plaintiffs thus seek support ltte political organization outside sri lanka advocating rights tamils ibid counsel plaintiffs specifically stated oral argument plaintiffs longer seek teach ltte present claims aid ltte role sri lanka tr oral arg reason helping ltte negotiate peace agreement sri lanka appears moot well thus consider application activities one last point plaintiffs seek preenforcement review criminal statute addressing merits must sure justiciable case controversy article iii conclude plaintiffs face credible threat prosecution required await undergo criminal prosecution sole means seeking relief babbitt farm workers internal quotation marks omitted see also medimmune genentech plaintiffs claim provided support pkk ltte enactment provide similar support statute allegedly unconstitutional bar lifted see supp government tells us charged persons violating several prosecutions involved enforcement statutory terms issue see brief government government argued plaintiffs prosecuted say wish cf tr oral arg see babbitt supra see also milavetz gallop milavetz slip considering preenforcement challenge brought first amendment based considerations conclude plaintiffs claims suitable judicial review one might hope years litigation iii plaintiffs claim threshold matter affirm appeals without reaching issues constitutional law contend interpret statute applied speech require proof defendant intended foreign terrorist organization illegal activities interpretation say end litigation plaintiffs proposed activities consist speech plaintiffs intend unlawful conduct pkk ltte reject plaintiffs interpretation inconsistent text statute section prohibits knowingly providing material support specifically describes type knowledge required violate paragraph person must knowledge organization designated terrorist organization organization engaged engages terrorist activity organization engaged engages terrorism ibid congress plainly spoke necessary mental state violation chose knowledge organization connection terrorism specific intent organization terrorist activities plaintiffs interpretation also untenable light sections immediately surrounding refer intent terrorist activity see establishing criminal penalties one provides material support resources knowing intending used preparation carrying violation statutes prohibiting violent terrorist acts setting criminal penalties one unlawfully willfully provides collects funds intention funds used knowledge funds used full part order carry unlawful acts congress enacted see stat stat yet congress import intent language provisions either enacted clarified knowledge requirement finally plaintiffs give game away argue specific intent requirement apply statute applies speech basis whatever text read provisions statute requiring intent circumstances others therefore clear plaintiffs asking us interpret revise although often strain construe legislation save constitutional attack must carry point perverting purpose statute scales scales case plaintiffs heavily rely readily distinguishable case involved smith act prohibited membership group advocating violent overthrow government held person convicted statute unless knowledge group illegal advocacy specific intent bring violent overthrow action different section criminalize mere membership designated foreign terrorist organization instead prohibits providing material support group see infra nothing scales suggests need specific intent requirement case scales moreover relied statutory text precedent interpreted closely related provisions smith act require specific intent plaintiffs point nothing similar avoid constitutional issues litigation plaintiffs proposed interpretation iv turn question whether statute applied plaintiffs impermissibly vague due process clause fifth amendment conviction fails comport due process statute obtained fails provide person ordinary intelligence fair notice prohibited standardless authorizes encourages seriously discriminatory enforcement williams consider whether statute vague applied particular facts issue plaintiff engages conduct clearly proscribed complain vagueness law applied conduct others hoffman estates flipside hoffman estates said statute interferes right free speech association stringent vagueness test apply clarity precise guidance never required even regulations restrict expressive activity williams supra quoting ward rock racism appeals adhere principles instead lower merged plaintiffs vagueness challenge first amendment claims holding portions statute unconstitutionally vague applied protected speech regardless whether applications clear stated even persons ordinary intelligence understood scope term training term remai impermissibly vague read encompass speech advocacy protected first amendment also found service portion expert advice assistance vague terms covered protected speech spite statement addressing facial vagueness challenge appeals considered statute application facts specifically ninth circuit relied government statement bar filing amicus brief support foreign terrorist organization plaintiffs told us wish ninth circuit say plaintiffs wished conclude statute barred protected advocacy therefore vague see deciding statute applied hypothetical circumstances appeals discussion vagueness seemed incorporate elements first amendment overbreadth doctrine see finding easy imagine protected expression barred internal quotation marks omitted referring vagueness overbreadth respects appeals contravened rule plaintiff engages conduct clearly proscribed complain vagueness law applied conduct others hoffman estates supra rule makes exception conduct form speech see parker levy thus even extent heightened vagueness standard applies plaintiff whose speech clearly proscribed raise successful vagueness claim due process clause fifth amendment lack notice certainly based speech others plaintiff may valid overbreadth claim first amendment precedents make clear fifth amendment vagueness challenge turn whether law applies substantial amount protected expression see williams supra hoffman estates supra otherwise doctrines substantially redundant proper analysis plaintiffs claims vagueness lack merit plaintiffs argue statute grants much enforcement discretion government therefore address whether statute provide person ordinary intelligence fair notice prohibited williams general matter statutory terms issue quite different sorts terms previously declared vague past struck statutes tied criminal culpability whether defendant conduct wholly subjective judgments without statutory definitions narrowing context settled legal meanings see also papachristou jacksonville holding vague ordinance punished vagrants defined include rogues vagabonds persons use juggling common night walkers internal quotation marks omitted applying statutory terms action training expert advice assistance service personnel require similarly untethered subjective judgments congress also took care add narrowing definitions statute time definitions increased clarity statute terms see means instruction teaching designed impart specific skill opposed general knowledge advice assistance means advice assistance derived scientific technical specialized knowledge clarifying scope personnel knowledge requirement statute reduces potential vagueness held respect statutes containing similar requirement see hill colorado posters things see also hoffman estates course scope statute may clear every application dispositive point statutory terms clear application plaintiffs proposed conduct means plaintiffs vagueness challenge must fail even assuming heightened standard applies statute potentially implicates speech statutory terms vague applied plaintiffs see grayned city rockford rejecting vagueness challenge criminal law implicated first amendment activities scales activities plaintiffs seek engage readily fall within scope terms training expert advice assistance plaintiffs want train members pkk use humanitarian international law peacefully resolve disputes teach pkk members petition various representative bodies nations relief person ordinary intelligence understand instruction resolving disputes international law falls within statute definition training imparts specific skill general knowledge plaintiffs activities also fall comfortably within scope expert advice assistance reasonable person recognize teaching pkk petition humanitarian relief nations involves advice derived statute puts specialized knowledge fact plaintiffs repeatedly used terms training expert advice throughout litigation describe proposed activities demonstrating common terms readily naturally cover plaintiffs conduct see brief plaintiffs app plaintiffs respond pointing hypothetical situations designed test limits training expert advice assistance argue statutory definitions terms use words degree like specific general specialized difficult apply definitions particular cases see brief plaintiffs debating whether teaching course geography constitute training cite gentile state bar found vague state bar rule providing lawyer criminal case speaking press may state without elaboration general nature defense internal quotation marks omitted whatever force arguments might abstract beside point plaintiffs propose teach course geography seek refuge imaginary cases straddle boundary specific skills general knowledge see parker levy emphasized point scales holding even might theoretical doubts regarding distinction active nominal membership organization also terms degree defendant vagueness challenge failed case present ed problem gentile different asserted vagueness state bar rule directly implicated facts counsel reason suppose particular statements press violate rule yet disciplined nonetheless see suggest counsel escape discipline vagueness grounds speech plainly prohibited plaintiffs also contend want engage political advocacy behalf kurds living turkey tamils living sri lanka concerned advocacy might regarded material support form providing personnel service assert statute unconstitutionally vague tell personnel congress enacted limiting definition irtpa answers plaintiffs vagueness concerns providing material support constitutes personnel defined knowingly providing person work terrorist organization direction control organize manage supervise otherwise direct operation organization statute makes clear personnel cover independent advocacy individuals act entirely independently foreign terrorist organization advance goals objectives shall considered working foreign terrorist organization direction control ibid ervice similarly refers concerted activity independent advocacy see webster third new international dictionary defining service mean performance work commanded paid another servant duty attendance superior act done benefit command another context confirms ordinary meaning statute prohibits providing service foreign terrorist organization emphasis added use word indicates connection service foreign group think person ordinary intelligence understand independently advocating cause different providing service group advocating cause moreover independent activity support terrorist group characterized service statute specific exclusion independent activity definition personnel make sense congress prohibited service specifically exempted prohibition personnel types material support listed statute including lodging weapons explosives transportation forms support provided independently foreign terrorist organization interpret service along lines thus independent advocacy plaintiffs wish engage prohibited hand person ordinary intelligence understand term service cover advocacy performed coordination direction foreign terrorist organization plaintiffs argue construction statute poses difficult questions exactly much direction coordination necessary activity constitute service see reply brief petitioners hereinafter reply brief plaintiffs communication member sufficient leader must formal elements employment contractual relationship relationship intermediary problem questions entirely hypothetical plaintiffs provided specific articulation degree seek coordinate advocacy pkk ltte instead described form intended advocacy general terms see brief plaintiffs plaintiffs like among things offer services advocate behalf rights kurdish people pkk nations congress internal quotation marks alteration omitted app plaintiffs like write distribute publications supportive pkk cause kurdish liberation advocate freedom political prisoners turkey deciding whether activities described level generality constitute prohibited service statute require sheer speculation means plaintiffs prevail preenforcement challenge see washington state grange washington state republican party apparent respect claims gradations fact charge make difference criminal liability adjudication reach constitutionality statute must await concrete fact situation zemel rusk next consider whether statute applied plaintiffs violates freedom speech guaranteed first amendment plaintiffs government take extreme positions question plaintiffs claim congress banned pure political speech brief plaintiffs statute plaintiffs may say anything wish topic may speak write freely pkk ltte governments turkey sri lanka human rights international law may advocate nations government statute prohibit independent advocacy expression kind brief government section also prevent plaintiffs becoming members pkk ltte impose sanction congress therefore sought suppress ideas opinions form pure political speech rather congress prohibited material support often take form speech statute carefully drawn cover narrow category speech direction coordination foreign groups speaker knows terrorist part government takes foregoing far claiming thing truly issue litigation conduct speech section directed fact plaintiffs interaction pkk ltte government contends incidentally burdens expression government argues proper standard review therefore one set case rejected first amendment challenge conviction generally applicable prohibition destroying draft cards even though burned card protest draft see applied since called intermediate scrutiny regulation sustained first amendment advances important governmental interests unrelated suppression free speech burden substantially speech necessary interests turner broadcasting system fcc citing supra government wrong thing actually issue litigation conduct therefore wrong argue provides correct standard provide applicable standard reviewing regulation speech see paul texas johnson regulates speech basis content plaintiffs want speak pkk ltte whether may depends say plaintiffs speech groups imparts specific skill communicates advice derived specialized knowledge example training use international law advice petitioning nations barred see brief government hand plaintiffs speech barred imparts general unspecialized knowledge see government argues nonetheless receive intermediate scrutiny generally functions regulation conduct argument runs headlong number precedents prominently cohen california cohen also involved generally applicable regulation conduct barring breaches peace see cohen convicted wearing jacket bearing epithet apply see instead recognized generally applicable law directed cohen speech communicated violated breach peace statute offensive content particular message accordingly applied rigorous scrutiny reversed conviction see suit falls category law may described directed conduct law cohen directed breaches peace applied plaintiffs conduct triggering coverage statute consists communicating message explained texas johnson government regulation related expression less stringent standard announced regulations noncommunicative conduct controls outside test must apply demanding standard citation omitted first amendment issue us refined either plaintiffs government whether government may prohibit pure political speech may prohibit material support form conduct instead whether government may prohibit plaintiffs want provide material support pkk ltte form speech everyone agrees government interest combating terrorism urgent objective highest order see brief plaintiffs plaintiffs complaint ban material support applied wish necessary interest ibid objective combating terrorism justify prohibiting speech plaintiffs argue support advance legitimate activities designated terrorist organizations terrorism whether foreign terrorist organizations meaningfully segregate support legitimate activities support terrorism empirical question enacted congress made specific findings regarding serious threat posed international terrorism see aedpa stat note following findings purpose one findings explicitly rejects plaintiffs contention support terrorist activities pkk ltte oreign organizations engage terrorist activity tainted criminal conduct contribution organization facilitates conduct emphasis added plaintiffs argue reference contribution finding meant monetary support reason read finding limited particularly congress expressly prohibited much monetary support congress use term contribution best read reflect determination form material support furnished foreign terrorist organization barred precisely statute indeed congress enacted congress simultaneously removed exception existed ed provision material support form humanitarian assistance persons directly involved terrorist activity aedpa stat repeal demonstrates congress considered rejected view ostensibly peaceful aid harmful effects convinced congress justified rejecting view pkk ltte deadly groups pkk insurgency claimed lives declaration kenneth mckune app ltte engaged extensive suicide bombings political assassinations including killings sri lankan president security minister deputy defense minister brief government january ltte exploded truck bomb filled estimated pounds explosives central bank colombo killing people injuring bombing deadly terrorist incident world mckune affidavit app difficult conclude congress tain violent activities great working coordination command pkk ltte serves legitimize terrorist means aedpa stat material support meant promot peaceable lawful conduct brief plaintiffs terrorism foreign groups multiple ways material support valuable resource definition support frees resources within organization may put violent ends also importantly helps lend legitimacy foreign terrorist groups legitimacy makes easier groups persist recruit members raise funds facilitate terrorist attacks terrorist organizations maintain organizational prevent deter sharing commingling support benefits mckune affidavit app nvestigators revealed terrorist groups systematically conceal activities behind charitable social political fronts levitt hamas politics charity terrorism service jihad indeed designated foreign terrorist organizations use social political components recruit personnel carry terrorist operations provide support criminal terrorists families aid operations mckune affidavit app levitt supra muddying waters political activism good works terrorist attacks hamas able use overt political charitable organizations financial logistical support network terrorist operations money fungible hen foreign terrorist organizations dual structure raise funds highlight civilian humanitarian ends moneys put mckune affidavit app reason believe foreign terrorist organizations maintain legitimate financial firewalls funds raised civil nonviolent activities ultimately used support violent terrorist operations thus unds raised ostensibly charitable purposes past redirected terrorist groups fund purchase arms explosives see also brief league amicus curiae describing fundraising activities pkk ltte hamas regan wald upholding president decision impose travel ban cuba curtail flow hard currency cuba currency used support cuban adventurism evidence pkk ltte particular respected line humanitarian violent activities mckune affidavit app discussing pkk see ltte dissent argues natural stopping place proposition aiding foreign terrorist organization lawful activity promotes terrorist organization whole post congress settled natural stopping place statute reaches material support coordinated direction designated foreign terrorist organization independent advocacy might viewed promoting group legitimacy covered see supra providing foreign terrorist groups material support form also furthers terrorism straining relationships allies undermining cooperative efforts nations prevent terrorist attacks see reason question congress finding international cooperation required effective response terrorism demonstrated numerous multilateral conventions force providing universal prosecutive jurisdiction persons involved variety terrorist acts including hostage taking murder internationally protected person aircraft piracy sabotage aedpa stat note following findings purpose statute furthers international effort prohibiting aid foreign terrorist groups harm partners abroad number designated foreign terrorist organizations attacked moderate governments vigorously endeavored maintain close friendly relations attacks threaten social economic political stability governments mckune affidavit app ther foreign terrorist organizations attack nato allies thereby implicating important sensitive multilateral security arrangements ibid example republic turkey fellow member nato defending violent insurgency waged pkk brief government app nation allies react sharply americans furnishing material support foreign groups like pkk hardly mollified explanation support meant groups legitimate activities turkey perspective likely activities see observing turkey prohibits membership pkk prosecutes provide support group regardless whether support directed lawful activities analyzing whether possible practice distinguish material support foreign terrorist group violent activities nonviolent activities rely exclusively inferences drawn record evidence us affidavit stating executive branch conclusion question state department informs us experience analysis government agencies charged combating terrorism strongly suppor congress finding contributions foreign terrorist organizations terrorism mckune affidavit app see winter natural resources defense council slip looking similar affidavits support according weight national security claims executive view given purposes organizational structure clandestine nature foreign terrorist organizations highly likely material support organizations ultimately inure benefit criminal terrorist functions regardless whether support ostensibly intended support activities mckune affidavit app evaluation facts executive like congress assessment entitled deference litigation implicates sensitive weighty interests national security foreign affairs pkk ltte committed terrorist acts american citizens abroad statute addresses acute foreign policy concerns involving relationships nation allies see noted neither members federal judges begin day briefings may describe new serious threats nation people boumediene bush vital context substitute evaluation evidence reasonable evaluation legislative branch rostker goldberg see wald haig agee precedents old new make clear concerns national security foreign relations warrant abdication judicial role defer government reading first amendment even interests stake one dissent government authority expertise matters automatically trump obligation secure protection constitution grants individuals post comes collecting evidence drawing factual inferences area lack competence part courts marked rostker supra respect government conclusions appropriate one reason respect national security foreign policy concerns arise connection efforts confront evolving threats area information difficult obtain impact certain conduct difficult assess dissent slights real constraints demanding hard proof detail specific facts specific evidence plaintiffs proposed activities support terrorist attacks see post dangerous requirement context conclusions must often based informed judgment rather concrete evidence reality affects may reasonably insist government statute face preventive measure criminalizes terrorist attacks aid makes attacks likely occur government seeking prevent imminent harms context international affairs national security required conclusively link pieces puzzle grant weight empirical conclusions see zemel rusk ecause changeable explosive nature contemporary international relations congress must necessity paint brush broader customarily wields domestic areas context different decisions like cohen case application statute turned offensiveness speech issue observing one man vulgarity another lyric invalidated cohen conviction part concluded governmental officials make principled distinctions area litigation contrast congress executive uniquely positioned make principled distinctions activities terrorist conduct undermine foreign policy also find significant congress conscious responsibility consider actions may implicate constitutional concerns first applies designated foreign terrorist organizations always limited number organizations designated executive branch see fed reg fed reg groups designated may seek judicial review designation second response lower courts holdings litigation congress added clarity statute providing narrowing definitions terms training personnel expert advice assistance well explanation knowledge required violate third effectuating stated intent abridge first amendment rights see congress also displayed careful balancing interests creating limited exceptions ban material support definition material support example excludes medicine religious materials see area perhaps legislature superior capacity weighing competing interests means must particularly careful substitute judgment desirable congress rostker supra finally importantly congress avoided restriction independent advocacy indeed activities directed coordinated controlled foreign terrorist groups bottom plaintiffs simply disagree considered judgment congress executive providing material support designated foreign terrorist organization even seemingly benign support bolsters terrorist activities organization judgment however entitled significant weight persuasive evidence us sustain given sensitive interests national security foreign affairs stake political branches adequately substantiated determination serve government interest preventing terrorism necessary prohibit providing material support form training expert advice personnel services foreign terrorist groups even supporters meant promote groups nonviolent ends turn particular speech plaintiffs propose undertake first plaintiffs propose train members pkk use humanitarian international law peacefully resolve disputes congress consistent first amendment prohibit direct training wholly foreseeable pkk use specific skill plaintiffs propose impart part broader strategy promote terrorism pkk example pursue peaceful negotiation means buying time recover setbacks lulling opponents complacency ultimately preparing renewed attacks see generally marcus blood belief pkk kurdish fight independence describing pkk suspension armed struggle subsequent return violence foreign terrorist organization introduced structures international legal system might use information threaten manipulate disrupt possibility real remote second plaintiffs propose teach pkk members petition various representative bodies nations relief government acts within first amendment strictures banning proposed speech teaches organization acquire relief plaintiffs never define specificity readily include monetary aid see brief plaintiffs app indeed earlier litigation plaintiffs sought teach ltte present claims aid mediators international bodies naturally included monetary relief money fungible supra congress logically concluded money terrorist group pkk obtains using techniques plaintiffs propose teach redirected funding group violent activities finally plaintiffs propose engage political advocacy behalf kurds live turkey engage political advocacy behalf tamils live sri lanka explained supra plaintiffs specify expected level coordination pkk ltte suggest exactly advocacy consist plaintiffs proposals phrased high level generality prevail preenforcement challenge see supra grange zemel responding foregoing dissent fails address real dangers stake instead considers possible benefits plaintiffs proposed activities abstract see post dissent seems unwilling entertain prospect training advising designated foreign terrorist organization take advantage international entities might benefit organization way facilitates terrorist activities dissent world training good congress executive however concluded live different world one designated foreign terrorist organizations tainted criminal conduct contribution organization facilitates conduct aedpa one example nations high commissioner refugees forced close kurdish refugee camp northern iraq camp come control pkk pkk failed respect humanitarian nature mckune affidavit app training advice work nations readily helped pkk efforts use nations camp base terrorist activities good come training adversaries international dispute resolution presumably unconstitutional prevent american citizens training japanese government using international organizations mechanisms resolve disputes world war ii dissent reasoning contrary commitment resolving disputes forces post quoting whitney california brandeis concurring congress conclude assisting japan front might facilitate war effort generally view one first amendment requires us embrace say future applications statute speech advocacy survive first amendment scrutiny also say statute relating speech terrorism satisfy first amendment particular way suggest regulation independent speech pass constitutional muster even government show speech benefits foreign terrorist organizations also suggest congress extend prohibition material support issue domestic organizations simply hold prohibiting particular forms support plaintiffs seek provide foreign terrorist groups violate freedom speech vi plaintiffs final claim statute violates freedom association first amendment plaintiffs argue statute criminalizes mere fact associating pkk ltte thereby running afoul decisions like de jonge oregon cases overturned sanctions joining communist party see keyishian board regents univ state robel appeals correctly rejected claim statute penalize mere association foreign terrorist organization ninth circuit put statute prohibit member one designated groups vigorously promoting supporting political goals group prohibits act giving material support plaintiffs want latter decisions scrutinizing penalties simple association assembly therefore inapposite see robel supra precisely th statute sweeps indiscriminately across types association groups without regard quality degree membership runs afoul first amendment de jonge supra plaintiffs also argue statute burdens freedom association prevents providing support designated foreign terrorist organizations groups see brief plaintiffs reply brief plaintiffs burden plaintiffs freedom association regard justified reasons denied plaintiffs free speech challenge strange constitution permitted congress prohibit certain forms speech constitute material support permit congress prohibit support particularly dangerous lawless foreign organizations congress required ban material support every group none preamble constitution proclaims people ordained established charter government part provide common defence madison explained ecurity foreign danger avowed essential object american union federalist cooke ed hold regulating particular forms support plaintiffs seek provide foreign terrorist organizations congress pursued objective consistent limitations first fifth amendments judgment appeals ninth circuit affirmed part reversed part cases remanded proceedings consistent opinion ordered eric holder attorney general et petitioners humanitarian law project et al humanitarian law project et petitioners eric holder attorney general et al writs certiorari appeals ninth circuit june justice breyer justices ginsburg sotomayor join dissenting like substantially reasons gives think statute unconstitutionally vague agree conclusion constitution permits government prosecute plaintiffs criminally engaging coordinated teaching advocacy furthering designated organizations lawful political objectives view government met burden showing interpretation statute prohibit activity serves government compelling interest combating terrorism interpret statute normally placing activity kind outside scope see crowell benson ashwander tva brandeis concurring statute us forbids knowingly provid ing foreign terrorist organization material support resources defined include among things training expert advice assistance personnel service secretary state designated kurdistan workers party pkk liberation tigers tamil eelam ltte foreign terrorist organizations designation authorized organization foreign threatens security nationals engages terrorist activity defined include activities highjacking assassination use weapon dangerous device intent endanger directly indirectly safety one individuals fed reg iii plaintiffs citizens associations seek injunction declaration providing without violating statute train members pkk use humanitarian international law peacefully resolve disputes engage political advocacy behalf kurds live turkey teach pkk members petition various representative bodies nations relief engage political advocacy behalf tamils live sri lanka humanitarian law project mukasey ante activities kind first amendment ordinarily protects view government made strong showing necessary justify first amendment criminal prosecution engage activities activities involve communication advocacy political ideas lawful means achieving political ends even subjects plaintiffs wish teach using international law resolve disputes peacefully petitioning nations instance concern political speech avoid constitutional significance facts basis speech takes place outside directed foreign governments activities also involve advocacy country directed government policies plaintiffs example wish write distribute publications speak congress app speech association political purposes kind activity first amendment ordinarily offers strongest protection elementary see new york times sullivan first amendment fashioned assure unfettered interchange ideas bringing political social changes desired quoting roth lovell city griffin rejecting licensing scheme distribution pamphlets leaflets historic weapons defense liberty paul stevens concurring judgment first amendment decisions created rough hierarchy constitutional protection speech ore political speech occupies highest protected position hill colorado kennedy dissenting laws punishing speech protests lawfulness morality government policy essence tyrannical power first amendment guards citizens federal election slip first amendment force prohibits congress fining jailing citizens associations citizens simply engaging political speech although view statute applies pkk helps coordinate defendant activities ante simple fact coordination alone readily remove protection first amendment otherwise grant amendment also protects freedom association see naacp claiborne hardware first amendment protections speech assembly association petition identical quoting thomas collins de jonge oregon describing right peaceable assembly right cognate free speech free presses equally fundamental see also roberts jaycees coordination political group like membership involves association coordination group engages unlawful activity also deprive plaintiffs first amendment protection traditional categorical exception protection plaintiffs propose solicit crime engage fraud defamation circulate obscenity cf stevens slip describing categories unprotected speech first amendment protects advocacy even unlawful action long advocacy directed inciting producing imminent lawless action likely incite produce action brandenburg ohio per curiam emphasis added plaintiffs seek advocate peaceful lawful action secure political ends seek teach others one contends plaintiffs speech organizations prohibited incitement brandenburg moreover previously held person associates group uses unlawful means achieve ends thereby necessarily forfeit first amendment protection freedom association see scales parties groups may embrace legal illegal aims differ technical conspiracy defined criminal purpose see also naacp supra right associate lose constitutional protection merely members group may participated conduct advocated doctrine protected rather pointed respect associating group advocating overthrow government force violence persons assembling committed crimes elsewhere may prosecuted violation valid laws different matter state instead prosecuting offenses seizes upon mere participation peaceable assembly lawful public discussion basis criminal charge de jonge supra striking conviction attending assisting communist party meeting otwithstanding party objectives defendant still enjoyed personal right free speech take part peaceable assembly lawful purpose even serious deadly problem international terrorism require automatic forfeiture first amendment rights stat note following cf instructing courts constru appl statute abridge exercise right guaranteed first amendment recognized ven war power remove constitutional limitations safeguarding essential liberties robel quoting home building loan assn blaisdell see also abrams holmes dissenting dangers peculiar war others principle right free speech always thus general first amendment exception applies statute constitutional context come strong justification attached surprising majority determining constitutionality criminally prohibiting plaintiffs proposed activities apply kind intermediate first amendment standard applies conduct demanding standard ante quoting texas johnson indeed statute applies criminal penalties least arguably basis distinctions think scrutinize statute justifications strictly determine whether prohibition justified compelling need less restrictively accommodated see houston hill criminal penalties ashcroft american civil liberties union simon schuster members state crime victims consolidated edison public serv strict scrutiny first nat bank boston bellotti even assume argument sake strict scrutiny apply one deny must least measure validity means adopted congress goal sought achieve specific prohibitions first amendment robel supra describing constitutional task faced clear conflict federal statute enacted interests national security individual exercise first amendment rights need go doubt statute government interpret survive reasonably applicable first amendment standard see turner broadcasting system fcc describing intermediate scrutiny cf nixon shrink missouri government pac breyer concurring examining whether statute worked harm proportion statute salutary effects upon interests government identify compelling countervailing interest namely interest protecting security nationals threats foreign terrorist organizations pose denying organizations financial fungible resources dispute importance interest dispute whether interest justify statute criminal prohibition put matter specifically precisely application statute protected activities us help achieve important end see simon schuster requiring narrowly drawn means compelling state interest least restrictive means internal quotation marks omitted turner supra requiring advance ment important governmental interests unrelated suppression free speech without burden ing substantially speech necessary interests robel supra requiring measurement means adopted congress security goal sought achieve see also nixon breyer concurring federal election wisconsin right life opinion roberts must ensure interest justifying statutory restriction supports application statute government makes two efforts answer question first government says plaintiffs support organizations fungible sense forms banned support fungible plaintiffs support example free resources organization might put terrorist ends brief respondents pp hereinafter government brief proposition two different kinds support fungible however obviously true obvious way undertaking advocacy political change peaceful means teaching pkk ltte say petition nations political change fungible resources might put sinister ends way donations money food computer training fungible far obvious advocacy activities redirected free resources directed towards terrorist ends thus must determine whether government come forward evidence support claim government provided us empirical information might convincingly support claim instead government cites evidence congress concerned fungible nature general resources predominately money material goods points congressional finding foreign organizations engage terrorist activity tainted criminal conduct contribution organization facilitates conduct stat note following emphasis added also points house report statement supply ing funds goods services hel defray cost terrorist organization running ostensibly legitimate activities turn fre equal sum spent terrorist activities emphasis added finally government refers state department official affidavit describing ostensibly charitable contributions either redirected terrorist ends even spent charitably unencumber ed funds raised sources use facilitating violent terrorist activities gaining political support activities declaration kenneth mckune app emphasis added one say government favor statements might read offering highly general support argument statements however explain detail plaintiffs activities might actually fungible therefore capable diverted terrorist use indicate congress concerned support kind affidavit refers funds financing goods none encompasses plaintiffs activities ibid statutory statement house report use broad terms like contributions services might construed encompassing plaintiffs activities context terms naturally understood referring contributions goods money training services say computer programming diverted free funding terrorist ends see infra peaceful political advocacy obviously fall categories statute suggests congress intend curtail freedom speech association see nothing section shall construed applied abridge exercise rights guaranteed first amendment see also infra second government says plaintiffs proposed activities bolste terrorist organization efficacy strength community undermin nation efforts delegitimize weaken groups government brief emphasis added view constitution permits application statute activities kind issue part activities provide group engages terrorism legitimacy ante suggests armed greater legitimacy organizations readily able obtain material support kinds congress plainly intended ban money arms lodging like see ibid yet government claim statute forbids speech legitimating terrorist group rather reads statute permitting membership terrorist organizations peaceably assembling members pkk ltte lawful discussion independent advocacy behalf organizations government brief emphasizes activities coordinated terrorist groups banned see ante emphasis added argues speaking writing teaching aimed furthering terrorist organization peaceful political ends mak easier groups persist recruit members raise funds ante legitimacy justification warrant suppression political speech advocacy association speech association related activities behalf group often perhaps always help legitimate group thus law accept legitimating effect without qualification providing sufficient grounds imposing ban first amendment battle lost untold instances one accepts argument natural stopping place argument applies strongly independent coordinated advocacy see ante fact reflected part government claim ban supported prohibits lawyer hired designated group filing behalf group amicus brief nations even see tr oral arg fact also reflected difficulty drawing line designed accept legitimacy argument instances others inordinately difficult distinguish speech activity initiate chain causation suggests chain leads peaceful advocacy legitimacy increased support group increased supply material goods support terrorist activities even find line distinction application seem inherently uncertain often perhaps always chill protected speech beyond boundary short justification put forward simply abstract terms without limitation must always never sufficient given nature plaintiffs activities always possibly first amendment answer regardless legitimacy justification inconsistent critically important first amendment case law consider cases involving protection first amendment offered joined communist party intending peaceful activities cases took account congressional findings communist party advocated theoretically also sought put practice overthrow government force violence previously accepted congress determinations american communist party communist action organization acted control direction discipline world communist movement movement sought employ espionage sabotage terrorism means deemed necessary establish communist totalitarian dictatorship endeavor ed bring overthrow existing governments force necessary communist party subversive activities control internal quotation marks omitted nonetheless held first amendment protected american right belong party despite whatever legitimating effect membership might long person share party unlawful purposes see de jonge scales elfbrandt russell keyishian board regents univ state robel holding national security interests justify overbroad criminal prohibition members organizations working facility pointed cases draw support cases permitting pure advocacy even unlawful activity long advocacy directed inciting producing imminent lawless action likely incite produce action brandenburg government legitimating theory seem apply cases equal justifying force recognized led conclusions reached government overcome considerations simply narrowing covered activities involve coordinated rather independent advocacy conversations discussions logistical arrangements might well prove necessary carry activities issue conversations discussions necessary part membership organization government distinguish kind coordination aware form words might used describe coordination minimum seriously chill kind activities plaintiffs raise us also independent advocacy government purports permit government willingness distinguish independent advocacy coordinated advocacy former likely less likely confer legitimacy latter thus things equal distinction coordination makes arbitrary respect furthering statute purposes rule law finds legitimacy argument adequate respect latter hard time distinguishing statute sought attack former consider majority development government themes first majority discusses plaintiffs proposal members pkk use humanitarian international law peacefully resolve disputes ante quoting majority justifies criminalization activity significant part ground peaceful negotiation might bu time lulling opponents complacency ante pkk might use new information structures international legal system threaten manipulate disrupt ibid one say arguments arguments deny first amendment protection peaceful teaching international human rights law ground little knowledge international legal system dangerous thing opponent subsequent willingness negotiate might faked let teach try might said claims live nation committed resolution disputes deliberative forces whitney california brandeis concurring view majority arguments stretch concept fungibility beyond constitutional limits neither congress government advanced particular hypothetical claims aware case gitlow new york schenck abrams later communist party cases decided heat cold war accepted anything like claim speech teaching might criminalized lest buy negotiating time opponent put time bad use moreover risk taught put otherwise innocent speech knowledge bad use omnipresent least risk rests little even informed speculation hence accept kind argument without apply teaching subject international human rights law adopt rule law contrary constitution text first amendment precedent automatically forbid teaching subject case national security interests conflict first amendment constitution allow conflicts decided government favor majority said limit scope arguments claim plaintiffs remain free engage protected activity long coordinated practical way organize classes group say wishing learn human rights law without coordination majority limit scope argument pointing special limiting circumstance present evidence majority offers support general claim consists single reference book terrorism government mention apparently says one time pkk suspended armed struggle returned second majority discusses plaintiffs proposal pkk members petition various representative bodies nations relief ante quoting emphasis added majority argument respect proposal relief obtained readily include monetary aid pkk might use buy guns ante majority misunderstands word relief context record makes clear word relief refer money refers recognition geneva conventions see app complaint complaint fertig declaration see also tr oral arg plaintiffs counsel denying plaintiffs seek teach obtaining relief form money throughout majority emphasizes defer strongly congress informed judgment see ante evidence congress made judgment regarding specific activities issue cases see infra event whenever fundamental rights free speech assembly alleged invaded must remain open judicial determination whether actually exist time clear danger whether danger imminent whether evil apprehended one substantial justify stringent restriction interposed legislature whitney supra brandeis concurring circumstances judicial function commands analysis whether specific conduct charged falls within reach statute whether legislation consonant constitution landmark communications virginia hence legislative declaration preclude enquiry question whether time circumstances conditions existed essential validity federal constitution whitney supra see also landmark supra deference legislative finding limit judicial inquiry first amendment rights stake concede government expertise foreign affairs may warrant deference respect many matters relations turkey cf ante remains decide whether government shown interest justifies criminalizing speech activity otherwise protected first amendment fact nations may like us less granting protection carry day finally reemphasize neither government majority points specific facts show activities us fungible special way confer special legitimacy upon pkk rather arguments respect general speculative arguments apply virtually support group peaceful activities irrespective whether activity coordinated first amendment logic first amendment case law prevent us sacrific ing first amendment protections speculative gain columbia broadcasting system democratic national committee see also consolidated edison rejecting proffered state interest supported record ere speculation harm constitute compelling state interest ii reasons set forth believe application statute government interprets gravely without adequate justification injure interests kind first amendment protects thus serious doubt statute constitutionality crowell must ascertain whether construction statute fairly possible question may avoided ibid see also ashwander brandeis concurring zadvydas davis video jin fuey moy believe construction avoid constitutional problem fairly possible particular read statute criminalizing pure speech association defendant knows intends activities assist organization unlawful terrorist actions reading government show minimum defendants provided support knew significantly likely help organization pursue unlawful terrorist aims person acts requisite knowledge aware willfully blinds significant likelihood conduct materially support organization terrorist ends see allen cf ali model penal code ii see also santos plurality opinion cf model penal code willful blindness pt pp person also acts requisite intent conscious objective purpose terrorist ends see bailey model penal code acting knowingly suffices establish element element also established person acts purposely hand reasons set see supra knowledge intent assistance aimed lawful activities help terrorism simply helping legitimate organization sufficient reading statute protects engage pure speech association ordinarily protected first amendment protect activity defendant purposefully intends help terrorism defendant knows willfully blinds fact activity significantly likely assist terrorism activity fits categories purposefully knowingly supporting terrorist ends act providing material support known terrorist organization bears close enough relation terrorist acts view likely prohibited notwithstanding first amendment interest cf brandenburg time reading require government undertake difficult task proving peaceful nonpeaceful purposes defendant specifically preferred knowledge enough see bailey supra defining specific intent reading consistent statute text statute prohibits knowingly provid ing material support resources foreign terrorist organization emphasis added normally read criminal statute applying mens rea requirement subsequently listed elements crime see slip read defendant know intend providing support resources providing support foreign terrorist organization providing support material meaning support bears significant likelihood furthering organization terrorist ends fourth requirement flows directly statute use word material word mean physical worldly nature also mean real importance great consequence webster third new international dictionary must mean latter otherwise statute applying physical aid apply speech see also defining support property tangible intangible emphasis added statute applies support likely real importance great consequence must importance consequence respect organization terrorist activities support significantly likely help terrorist activities purposes statute neither importance great consequence statutory definition material support poses problem statute defines material support reference list terms including issue training expert advice assistance personnel service since latter terms fall definition term material support activities fall within statute scope material cf stevens slip citing leocal ashcroft definitional phrase may take meaning term defined thus textually speaking statutory requirement defendant knew support material read require government show defendant knew consequences acts significant likelihood furthering organization terrorist lawful aims need decide whether possible reading statute cases material support takes form currency property monetary instruments financial securities financial services lodging safehouses false documentation identification weapons lethal substances explosives like kinds aid inherently likely help organization terrorist activities either directly fungible nature thus show individual provided support kinds normally prove sufficient conviction assuming statute requirements met support consists pure speech association indulge presumption rather government prove defendant knew providing support significantly likely help organization pursue unlawful terrorist aims alternatively defendant intended support used statute history strongly supports reading history makes clear congress primarily sought end assistance takes form fungible donations money goods see supra shows congress referring expert services assistance example mind training sufficiently fungible terrorism directly aviation expert giving advice facilitat es aircraft hijacking accountant giving advice facilitate concealment funds used support terrorist activities hearing administration draft act house committee judiciary chairman senate committee judiciary reporting relevant bill committee told senate bill also includes provisions making crime knowingly provide material support terrorist functions foreign groups designated presidential finding engaged terrorist activities cong rec statement hatch emphasis added added convinced crafted narrow effective designation provision meets obligations safeguarding freedom associate none us willingly give consistent view statute says nothing section shall construed applied abridge exercise rights guaranteed first amendment constitution event principle constitutional avoidance demands interpretation part ii makes clear serious doubt indeed grave doubt constitutionality statute insofar read criminalize activities us crowell see also ashwander brandeis concurring jin fuey moy therefore must read statute eliminate constitutional doub long reading plainly contrary intent congress video reason majority statutory claim congress use word knowingly use ante beside point consequent reading consistent statute text consistent congress basic intent interprets significantly add statute otherwise contains cf photographs constitutionally compelled add requirement forfeiture proceedings commenced within days completed within days despite absence statutory time limits nlrb catholic bishop chicago constitutionally compelled interpret employer implicitly excluding schools despite silence eight different explicit exceptions adopt iii interpreted statute impose mens rea requirement described remand cases lower courts consider specifically precise activities plaintiffs still wish engage determine whether extent grant declaratory injunctive relief warranted see majority also remand cases consideration plaintiffs activities relating advocating organizations peaceful causes see ante majority remand apparently believes plaintiffs lose automatically advocacy claims general adds plaintiffs suggest exactly consist ante majority wrong lack specificity record contains complaints affidavits describe detail forms advocacy groups previously engaged like continue engage see app moreover majority properly rejects government argument plaintiffs activities amount conduct reviewed government brief hence think majority wish lower courts reconsider aspect cases applying proper standard review see philip morris usa williams johnson california cf ricci destefano slip ginsburg dissenting formulates new legal rule ordinary course remand allow lower courts apply rule first instance iv sum cases require us consider apply first amendment national security interests stake deciding cases courts aware must respect fact constitution entrusts executive legislative branches power provide national defense grants particular authority president matters foreign affairs nonetheless also made clear authority expertise matters automatically trump obligation secure protection constitution grants individuals cf hamdi rumsfeld long since made clear state war blank check comes rights th nation citizens cases reasons stated believe failed examine government justifications sufficient care failed insist upon specific evidence rather general assertion failed require tailoring means fit compelling ends ultimately deprives individuals us protection first amendment demands respect dissent footnotes together humanitarian law project et al holder attorney general et also certiorari footnotes full provides unlawful whoever knowingly provides material support resources foreign terrorist organization attempts conspires shall fined title imprisoned years death person results shall imprisoned term years life violate paragraph person must knowledge organization designated terrorist organization organization engaged engages terrorist activity organization engaged engages terrorism terms terrorist activity terrorism defined iii respectively time plaintiffs first filed suit ed provided whoever within subject jurisdiction knowingly provides material support resources foreign terrorist organization attempts conspires shall fined title imprisoned years see humanitarian law project reno supp cd cal ed defined material support resources mean currency financial securities financial services lodging training safehouses false documentation identification communications equipment facilities weapons lethal substances explosives personnel transportation physical assets except medicine religious materials dissent interpret statute along lines plaintiffs prohibit speech association defendant knows intends activities assist organization unlawful terrorist actions post opinion breyer according dissent interpretation fairly possible adopting avoid constitutional concerns ibid internal quotation marks omitted dissent interpretation fails essentially reasons plaintiffs congress explained knowingly means choose dissent interpretation term fact dissent proposes requirement indistinguishable one congress adopted even though congress used markedly different language dissent also analyzes statute prohibited eaceful political advocacy pure speech association without post section address constitutionality prohibitions dissent claim decision inconsistent cases analyzing sorts restrictions post accordingly unfounded government suggests passing extent plaintiffs activities constitute speech speech wholly unprotected first amendment government briefly analogizes speech coordinated foreign terrorist organizations speech effecting crime like words constitute conspiracy brief government reply brief government see giboney empire storage ice consider argument government develop government submission applying plaintiffs triggers intermediate first amendment scrutiny triggers first amendment scrutiny dissent also contends particular sort material support plaintiffs seek provide diverted terrorist activities direct way funds goods post contention misses point common sense evidence submitted government make clear material support terrorist group lawful activities facilitates group ability attract funds financing goods terrorist acts see mckune affidavit app