Last Thursday Javed Iqbal, a Pakistani citizen and longtime resident of Staten Island, New York City (that’s his house in the picture), was arrested under the International Emergency Economic Powers Act after he offered to sell to an informant a satellite TV package that included al-Manar, the Lebanese channel operated by Hezbollah. The government argues that Iqbal’s commercial provision of this service amounts to financing a terrorist organization. However, the act also exempts a broad range of news and publications:
The broadly defined statute, the International Emergency Economic Powers Act, is also used frequently to block the importation of goods and services that would directly support terrorist operations.
The law, which went into effect in 1977, was meant to put legal teeth in international trade embargoes with other nations, but once it was amended by the Patriot Act after 9/11, the government began to use it far more frequently against particular groups and individuals.
The use of the law, however, to focus on television broadcasts seemed to fall under an exemption laid out in a 1988 amendment to the act, several experts said, and it raised concerns among civil libertarians and some constitutional scholars about limiting the free marketplace of ideas.
The exemption covers publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact discs, CD-ROMs, art works and newswire feeds.
One persons news is anothers propaganda, said Rod Smolla, the dean of the University of Richmond Law School and a First Amendment expert. It runs counter to all of our First Amendment traditions to ban the free flow of news and information across borders, yet at the same time all nations have historically reserved the right to ban the importation of propaganda from a hostile nation.
Professor Smolla also said that so far as he knew, this was the first use of the law to block information, as such.
Clearly, a First Amendment versus “War on Terror” showdown looms. Interestingly, Iqbal’s hometown paper, the Staten Island Advance, reports that al-Manar has a readily accessible online presence (although I couldn’t get through when I tried to connect just now):
Even as Iqbal now faces charges of offering access to what has been dubbed terrorism-backed programming, an Al-Manar Web site is available free to the public, with streaming video, news stories and updates on protests and demonstrations.
The site has logged more than 1.1 million hits in the last month and half.
Another interesting note: one of his attorneys says that Iqbal, who supplies a range of satellite TV services, does more than half of his business with Texas-based Christian evangelical channels.
Iqbal is in jail, having been unable to raise the $250,000 bond. [Update: He posted bond today, Tuesday, August 29.] To be continued…




