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21 Emory Int'l L. Rev. 711 (2007)
Implementation of the UK Terrorism Act 2006 - The Relationship between Counterterrorism Law, Free Speech, and the Muslim Community in the United Kingdom versus the United States

handle is hein.journals/emint21 and id is 715 raw text is: IMPLEMENTATION OF THE UK TERRORISM ACT 2006-THE RELATIONSHIP BETWEEN COUNTERTERRORISM LAW, FREE SPEECH, AND THE MUSLIM COMMUNITY IN THE UNITED KINGDOM versus THE UNITED STATES When the American Colonies declared independence from Great Britain in 1776, the colonists derived the United States legal system from the British legal system.' The two nations have been close allies in the war on terror in the new millennium. Although both the United Kingdom and the United States have taken tough stances in their fights against terrorism,3 the two countries have adopted differing strategies for the early interception of terrorists.4 The United Kingdom uses criminal law processes and has broadened the net to capture those whose speech itself glorifies terrorism.5 The United States reaches planning activity, as well, through the combined use of traditional criminal statutes such as conspiracy and the U.S.A. Patriot Act (Patriot Act),6 which focuses on surveillance, immigration, and terrorism financing, but steers clear of criminalizing speech.7 The United Kingdom enacted the Terrorism Act 20068-an Act passed after the July 2005 London bombings.9 Specifically, the Act outlaws statements that glorify terrorism. 10 1 See generally, e.g., THE DECLARATION OF INDEPENDENCE para. 5 (U.S. 1776). 2 See, e.g., Jeremie J. Wattellier, Note, Comparative Legal Responses to Terrorism: Lessons from Europe, 27 HASTINGS INT'L & COMP. L. REV. 397, 416 (2004); See also Simon Chesterman, Just War or Just Peace After September 11: Axes of Evil and Wars Against Terror in Iraq and Beyond, 37 N.Y.U. 1. INT'L L. & POL. 281, 281 (2005); Kevin J. Lawner, Comment, Post-Sept. l1th International Surveillance Activity--A Failure of Intelligence: The Echelon Interception System & the Fundamental Right to Privacy in Europe, 14 PACE INT'L L. REV 435, 458 (2002). 3 See, e.g., Lawner, supra note 2; see also Wattellier, supra note 2; Chesterman, supra note 2. 4 See infra Part I.A-B. 5 See infra Part I.A. 6 USA Patriot Act of 2001, Pub. L. No. 107-156, § 201, 115 Stat. 272, 278 (2001). 7 See infra Part LB. 8 Terrorism Act, 2006, c. 11. 9 On July 7, 2007, home-grown Islamic suicide bombers killed fifty-six and injured more than 700 people in London, England when they bombed three train stations and a bus. See, e.g., Sally Neighbour, Mates 'til the Death, AUSTRALIAN, Feb. 19, 2007, at 10; UK Alert for More Letter Bombings, AUSTRALIAN, Feb. 9, 2007, at 10; The House of Commons, Report of the Official Account of the Bombings in London on 7th July 2005, May 11, 2006, at 2, available at http://www.homeoffice.gov.uk/documents/7-july-report.pdfview= Binary. Awareness of the danger posed by home-grown terrorists, men who are willing to kill and destroy in the country where they were bom and raised in the name of jihad, has increased throughout the world since the September 11 attack. See, e.g., Neighbour, supra, at 10; Ned Temko, Britain's Bleak Vision of the Next Decade: Downing Street Warns in a Landmark Review of the Urgent Need for New Policies to Counter

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