Obstacles to Effective Prosecution

Dietch continues....with obstalces to effective prosecution, including: evidence connecting defendant to web site; evidence connecting defendant to postings; international collection of evidence.

In addition, Dietch sites the "First Amendment/Free Speech" issue. Dietch claims that there is an "atmosphere" within the U.S. that "speech is free," though "of course, all speech is not protected." He argued in the Al Hussein case that the issue was not speech, it was conduct. Dietch contends that an important strategy to this obstacle to prosecution is to make this distinction between speech and conduct. He goes on to say that satisfying the standard of the Brandenburg case, which is that the language has to be imminent incitement to action. Dietch believes that it is sufficient to prove that someone visited a web site and then later joined the jihad, but a judge in one case did not agree.