UCLA Law Expert Available to Discuss Al Qaeda-Related Treason Indictment of American Citizen.

First Amendment Speech Issues Come into Play

LOS ANGELES -- The following UCLA School of Law professor is available for interviews regarding the U.S. Justice Department's decision to charge an American citizen with treason for the first time in more than 50 years. Adam Gadahn, a former Southern California resident, is accused of giving "aid and comfort" to Al Qaeda by appearing in a series of highly publicized videotapes urging violence against the United States.

Eugene Volokh

Gary T. Schwartz Professor of Law

UCLA School of Law

(310) 206-3926

Professor Eugene Volokh, a nationally renowned constitutional law scholar, notes that several possible First Amendment rules relating to free speech could be applicable to this treason case. Volokh can also provide analogies between this case and the post-World War II prosecutions of Axis Sally and Tokyo Rose, who were U.S. citizens who acted as propagandists for the Nazis and the Japanese.

Here are the First Amendment issues that might arise in this case (and Prof. Volokh can expound on each of these situations):

Speech is unprotected whenever the speaker knows that it's likely to aid the enemy.

Speech is unprotected whenever the speaker has the purpose of aiding the enemy.

Speech is unprotected only when the speaker has the purpose of aiding the enemy, and is paid for such speech.

Speech is unprotected only when the speaker has the purpose of aiding the enemy, and is coordinating his speech with the enemy.

Speech is unprotected only when the speaker has the purpose of aiding the enemy, and is actually employed by the enemy.

Speech is protected regardless of the speaker's purpose of aiding the enemy or coordination with the enemy.

Media contact: To interview Prof. Volokh, call him directly at (310) 206-3926 or contact Philip Little at (310) 206-1131 or little@law.ucla.edu.