The treacherous Jews and Crusaders must go down. Jihad knows no boundaries and no limitations on its means." .
Through legal FBI wiretaps, it was found that Mr. Rahman was in direct contact with representatives of the Muslim Brotherhood, a political group both in the United States and abroad. Previously an Egyptian terrorist group whom publicly renounced violence, this group now claims to advocate a "peaceful transition to a worldwide Islamic state." .
However, this group often conveys ideas by known terrorist organizations that it calls "brothers in the great cause." These groups include but are not limited to Hamas, Hezbollah, and the Armed Islamic Group. Mr. Rahman encouraged these groups and "all of the efforts made at reversing the tide of Zionist-Crusader imperialism" as well as offered his group's support to "broadcast the message in the US so that many will hear and join the great struggle against American and Israeli crimes." .
Due to Mr. Rahman's claim that the USA Patriot Act of 2003 violates his freedom of speech, the first subject of discussion is to determine what, in our present times and current situation as a nation, is considered free speech. The first Amendment of the United States Constitution, as ratified on December 15, 1791, declares that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people to peaceably assemble, and to petition the Government for a redress of grievances." .
This court's purpose is not to decide whether or not speech is protected by the Constitution of the United States of America, but to what degree it is protected in the Nation's current times. In order to determine this, we turn to the clear and present danger test as developed in Schenck v. United States, 249 US 47 (O"Brien, 389), by Justice Oliver Wendell Holmes.