The American Civil Liberties Union (ACLU) and the Knight First Amendment Institute at Columbia University have filed an amicus brief in support of Dr. Sue Mi Terry, a foreign policy expert facing charges for allegedly violating the Foreign Agents Registration Act (FARA). Dr. Terry is accused of failing to register as an agent of the Republic of Korea.
The ACLU and Knight Institute argue that a broad interpretation of FARA could suppress speech on public issues and allow selective targeting based on viewpoints, potentially infringing upon First Amendment rights. They urge the court to interpret FARA narrowly to prevent these constitutional concerns.
Xiangnong (George) Wang, a staff attorney at the Knight Institute, stated, "While the government has a legitimate interest in informing Americans about foreign attempts to influence domestic public discourse, interpreting FARA broadly does nothing to further that interest and raises serious First Amendment concerns. The court should interpret the law narrowly to avoid chilling protected speech."
The brief highlights that FARA's broad terms could apply even to those with minimal connections to foreign entities, imposing burdens on First Amendment-protected speech due to its criminal sanctions. It emphasizes that FARA does not differentiate between agents acting for foreign adversaries and journalists working with media organizations like The Guardian. This lack of distinction places significant burdens on media organizations, journalists, and nonprofits.
Aamra Ahmad, senior staff attorney at the ACLU’s National Security Project, remarked, "Over the last decade, the government has increasingly invoked FARA to stigmatize, stifle, and suppress viewpoints it doesn’t like. The court should take this opportunity to ensure FARA is read narrowly to protect news outlets, nonprofits, and individuals’ free speech rights."
For more information on today's amicus brief and details about the case involving Dr. Sue Mi Terry, additional resources are available.
