Gallagher v. United States/opinion

Opinion of the Court.

MR. JUSTICE CONROY delivered the opinion of the Court.

In regards to the Declaration of the ‘Proud Boys’ as a Terrorist Organization as a result of assault committed on Police Officers, Armed Servicemen, and Innocent Civilians.

It is of my understanding that while the protections of First Amendment do not apply in acts of violence or terrorism, it is my belief that the bill in question would be considered a Bill of Attainder in concurrence with Article 1 Section 9 Clause 3:

No Bill of Attainder or ex post facto Law shall be passed.

A law would be considered a Bill of Attainder in which it targets an individual or group and charges them with crimes without due process in the court of law. In this case, the bill in question alleges that the ‘Proud Boys’ “assaulted members of our Police Force, Armed Services and innocent civilians.” This statement is explicitly charging an entire organization with alleged crimes without trial. Regardless of whether members of the ‘Proud Boys’ committed violent or terrorist attacks would be determined on the individual level, and through due process.

There are, however, as mentioned by the Petitioner, certain persons or agencies that can declare an organization as a ‘Terrorist Organization’. In concurrence with the Office of the Secretary of State, designated in Section 219 of the Immigration and Nationality Act:

(1) IN GENERAL. -The Secretary (of State) is authorized to designate an organization as a terrorist organization in accordance with this subsection if the Secretary (of State) finds that- (A) the organization is a foreign organization. (B) the organization engages in terrorist activity (as defined in section212(a)(3)(B)1a/or terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(d)(2)), or retains the capability and intent to engage in terrorist activity or terrorism); and (C) the terrorist activity1a/or terrorism of the organization threatens the security of United States nationals or the national security of the United States.

Under this act, it is clear the intention of the powers of declaring foreign organizations as a ‘Terrorist Organization’ were delegated to the Secretary of State due to their responsibilities and duties in relation to foreign affairs. There must be a clear distinct difference between foreign organizations and domestic organizations, as the rights of the accused defined in the U.S. Constitution in the Sixth Amendment are reserved for U.S. citizens or those residing in a State or Territory of the United States, and does not extend to foreign organizations as it is out of the Court’s jurisdiction.

The only agency in which has the jurisdiction to declare certain domestic organizations as ‘Terrorist Organizations’ is the Federal Bureau of Investigation. Even so, those declared members of ‘Domestic Terrorist Organizations’ must go through the court of law and through due process.