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The Emerging Face of Lawfare: Legal Maneuvering Designed to Hinder the Exposure of Terrorism and Terrorist Financing
(Fordham International Law Journal) Brooke Goldstein and Benjamin Ryberg - The campaign to make politically incorrect any discourse about Islamist terrorism has an undeniable deterrent effect. This, in conjunction with the routine filing of frivolous lawsuits solely to intimidate and punish, has the very real tendency of chilling speech. On a practical level, lawfare against free speech is hampering the nation's ability to uncover and confront Islamist terrorism and its sources of financing, as enemies of the U.S. shield their activities from penetration by shouting "Islamophobia." Federal legislation barring the provision of "material support or resources," as it has been developed by case law, lacks efficacy if the very organizations funding terrorist groups are left to continue their illegal activities without scrutiny. Brooke Goldstein is founder and Director of The Lawfare Project, where Benjamin Ryberg is Director of Research.