NACDL - Mehanna v. United States

Amicus Brief

Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of Appellant Tarek Mehanna and reversal of his conviction.

Brief filed: 12/26/2012

Documents

Mehanna v. United States

1st Circuit Court of Appeals; Case No. 12-1461

Prior Decision

Decision below, Criminal Action No. 09-10017-GAO, 2011 WL 3652524 (D. Mass. Aug. 19, 2011).

Argument

“The district court misapplied First Circuit and United States Supreme Court conspiracy law. Moreover, these errors go not only to the heart of the substantive criminal law, but also to the First Amendment’s protection. From the scope of the indictment, through the court’s evidentiary rulings [admission of inflammatory evidence], and finally, its instructions, the result was a prosecution that effectively criminalized unpopular thought and expression unmoored from criminal conduct.”

Continue reading below

Author(s)

Nancy Gertner, Professor of Law at Harvard Law School, Cambridge, MA; David M. Porter, Sacramento, CA.; Steven R. Morrison, Assistant Professor at University of North Dakota School of Law, Grand Forks, ND.