FTOs are foreign organizations that the Bureau of Counterterrorism in the US state department designates as terrorist entities under section 219 of the Immigration and Nationality Act. Once such a designation is made, it becomes unlawful for a US person to knowingly provide that group with “material support or resources”. That phrase is defined broadly in the statute as “any property, tangible or intangible, or service”, which can include “expert advice or assistance”. An aggressive interpretation of “service” and “assistance” may easily break down what were seemingly secure boundaries of free speech.

Protected speech is often used to show predisposition, motive or intent in material support prosecutions. Such prosecutions have led to serious federal anti-terrorism convictions that result in lengthy sentences. Typically, sentencing guidelines call for 20 years to life in prison. Actual sentences in double-digit years are not uncommon