https://www.msn.com/en-us/news/us/tr...?ocid=msedgntp
President Donald Trump's announcement that his administration will designate Antifa as a terrorist organization is surely unconstitutional because it would effectively criminalize joining an American domestic ideological group.
Thanks to the First Amendment, the US government has historically avoided designating domestic groups on both the left and right as terrorist. Belonging to such groups is consistent with the legitimate exercise of your First Amendment right to freedom of speech and belief — whether you are a white supremacist or an environmental activist.
Of course, should an American citizen commit a crime in service of her extremist beliefs she can be prosecuted for that crime, but she can't be prosecuted for merely belonging to the group, no matter how objectionable its views might be.
The situation is quite different when it comes to terrorist groups based overseas. If you look at the National Counterterrorism Center's list of designated terrorist groups, you will see that all the groups that are listed are based outside the United States. Joining such designated Foreign Terrorist Organizations is not protected by the First Amendment and is prosecuted as a crime. In recent years scores of Americans, for instance, have been convicted of joining ISIS or attempting to join the terrorist group, which can carry a sentence of up to 20 years.
If Trump succeeds in designating Antifa it potentially opens the door for American citizens to be charged for merely holding their beliefs — even if they are extreme and at times, militant.
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