outside the gov’t) Must be info person KNOWS, if disclosed, is potentially harmful to the U.S. US Person Gov’t wants to stop NYT -Did show Presumption against INFORMATION New York gov’t domestic from publishing history justification for prior constitutional validity Times (SCOTUS of US Decision-Making restraint? for prior restraints of 1971) Process on Vietnam Threshold: unclear expression has; burden (judges disagree) for enjoining publication is very high, and gov't has not met that burden (7th. Cir. US person Kid killed by members -To give money to an -Donation to terrorist CIVIL Boim 2008) killed of Hamas; family sued organization that group that targets overseas foundations allegedly commits terrorist acts is Americans outside supporting Hamas not intentional United States is within misconduct unless: statute's scope; Knows that the -Donor's liability organization engages in requires showing of such acts OR knowledge or deliberate Is deliberately indifference indifferent to whether it -Causation element of does or not(one knows civil liability statute there is a substantial could be satisfied by probability that the defendants' having organization engages in donated money to terrorism but does not terrorist organization care) -Standard of causation: Significantly enhancing the risk of terrorist acts
outside the gov’t) Must be info person KNOWS, if disclosed, is potentially harmful to the U.S. New York Times (SCOTUS 1971) US Person domestic Gov’t wants to stop NYT from publishing history of US Decision-Making Process on Vietnam -Did gov’t show justification for prior restraint? Threshold: unclear (judges disagree) Presumption against constitutional validity for prior restraints of expression has; burden for enjoining publication is very high, and gov't has not met that burden INFORMATION Boim (7th. Cir. 2008) US person killed overseas Kid killed by members of Hamas; family sued foundations allegedly supporting Hamas -To give money to an organization that commits terrorist acts is not intentional misconduct unless: Knows that the organization engages in such acts OR Is deliberately indifferent to whether it does or not(one knows there is a substantial probability that the organization engages in terrorism but does not care) -Standard of causation: Significantly enhancing the risk of terrorist acts -Donation to terrorist group that targets Americans outside United States is within statute's scope; -Donor's liability requires showing of knowledge or deliberate indifference -Causation element of civil liability statute could be satisfied by defendants' having donated money to terrorist organization CIVIL
ICTL_Rascoff_Fall_2011_Case_Chart.docx