U.S. v. Mehanna, the First Amendment, and Material Support in the War on Terror

This note examines the history of the right to free speech during wartime and the Material Support Statute in the War on Terror through the lens of the conviction of Tarek Mehanna. After examining the effect of the Material Support Statute on the right to free speech, this note will argue that a new incitement standard should be developed for speech which provides support for terrorism.