In Boston Terrorism Trial, A Free Speech Defense Opening statements are expected to begin Thursday in a terrorism trial involving a Massachusetts man accused of trying to promote al-Qaida's agenda in a blog. But Tarek Mehanna's attorneys contend he was just exercising his First Amendment rights.
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In Boston Terrorism Trial, A Free Speech Defense

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In Boston Terrorism Trial, A Free Speech Defense


In Boston Terrorism Trial, A Free Speech Defense

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Here in the U.S., opening statements are expected today in an unusual terrorism trial. It involves a young Massachusetts man named Tarek Mehanna. What makes this case out of the ordinary is not the alleged plot, it's the defense: the First Amendment. Prosecutors say Mehanna tried to help terrorists by promoting al-Qaida's cause on a blog. Mehanna's attorneys say he was just exercising his right to free speech and is not a terrorist at all.

SHAPIRO: NPR's Dina Temple-Raston takes a look at a case.

DINA TEMPLE-RASTON, BYLINE: When Tarek Mehanna was arrested two years ago, the charges against him sounded serious. Prosecutors said he traveled to Yemen in 2004 to train at a terrorist camp, although he never actually found one or trained at one.

But the part most people remember is what prosecutors say he wanted to do after he returned to the Boston area.

MICHAEL LOUCKS: It is alleged that there were multiple conversations about obtaining weapons and randomly shooting people in a shopping mall.

TEMPLE-RASTON: That is U.S. attorney Michael Loucks.

LOUCKS: This mall assault planning, it is alleged included discussions on the logistics of a mall attack, including coordination of an assault from different entrances, the weapons needed for such an assault, and the possibility of attacking emergency responders.

TEMPLE-RASTON: But that plot, randomly shooting people at a shopping mall, never happened. In fact, it never got much past the discussion stage. And just how much Mehanna was involved in that plot, that's in dispute too. Actually, this case is different from the roster of terrorism cases that have gone to trial in recent months.

In this Boston case, there are two central issues: First, whether talking about terrorism, but not acting on it, amounts to a crime; and second, if something posted on a blog can amount to supporting a terrorist group.

David Nevin was the defense attorney in a similar terrorism case in Idaho back in 2004.

DAVID NEVIN: There is a huge amount of potential for abuse in those kinds of inchoate crimes, meaning crimes that are planned or thought about but haven't - nothing has actually happened yet. So whenever you have law enforcement doing that kind of work, you have potential for abuse.

TEMPLE-RASTON: Mehanna seems an unlikely terrorist suspect. He was born in Pittsburgh, Pennsylvania and grew up in an affluent suburb of Boston. He has a doctorate from the Massachusetts College of Pharmacy and Health Sciences where his dad is a professor.

But prosecutors say over the past decade, Mehanna began to embrace a more radical form of Islam. He began translating and distributing violent writings on a blog.

TAMER MEHANNA: I am Tamer Mehanna, and I am Tarek Mehanna's brother.

TEMPLE-RASTON: Tamer says his brother wasn't an advocate for violent jihad or al-Qaida.

MEHANNA: Well, I'll just say find me one spot anywhere on my brother's blog where he says - where he condones violence. Find me one word that my brother wrote.

TEMPLE-RASTON: He says his brother didn't write anything advocating violence. He's only on trial because one of the books he translated, "39 Ways to Serve and Participate in Jihad." The book is considered an al-Qaida tract that teaches readers how to become homegrown terrorists.

MEHANNA: We live in a country where the First Amendment is supposed to allow us to say these things. We're supposed to be able to talk about our views and to share - like, I should be able to translate a text and not need to worry that I'm going to get charged with terrorism. Like, how is this not ridiculous?

TEMPLE-RASTON: Mehanna's blog had a good sized following, particularly among Muslim converts. And because he speaks English, law enforcement officials told NPR that they were worried that he might inspire a whole new set of young men to violence.

If this sounds familiar, it should. That's what worried U.S. officials about Anwar al-Awlaki, the American-born radical who was killed in a U.S. drone attack in Yemen last month.

Tarek Mehanna's trial is expected to last eight weeks. He faces up to life in prison.

Dina Temple-Raston, NPR News.


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