Md. Man Charged With Aiding ISIL Argues Freedom Of Speech

BALTIMORE (WJZ) -- A Harford County man charged with aiding ISIS wants a judge to throw the charges out.

WJZ"S Alex DeMetrick reports his lawyers are arguing his right to freedom of speech is being violated.

It was postings on social media that brought the FBI to Mohamad Elshinawy's front door in Harford County last year.

Charging documents allege he pledged allegiance to ISIL and called himself a soldier of the state.

In return: "The terrorist organization provided Mr. Elshinawy $8,700. In order to receive this money, Mr. Elshinawy allegedly engaged in communication with the terrorist organization," said U.S. Attorney Rod Rosenstein.

But in federal court, Elshinawy's lawyers are asking the charges be dropped, arguing: "While Mr. Elshinawy's alleged pledge and conversations may be considered by some to be hateful and vile, such speech is nevertheless protected under the First Amendment."

The freedom of speech defense has been heard before, all the way to the top.

"The Supreme Court has ruled on this question, and it's not very sympathetic," said Dr. Michael Greenberger, University of Maryland Health and Homeland Security.

...Especially if it goes beyond just watching ISIS propaganda and speaking out about to, to forming plans to take action.

"He agreed that he would work with them to carry out their criminal objectives here in the United States," said Rosenstein.

For those who specialize in law and homeland security, that could outweigh free speech.

"Having money, opening websites and declaring himself to be sympathetic with ISIL -- I think, ultimately, it's not a winning case and that he will be forced to stand trial," said Greenberger.

Lawyers say the $8,700 came from the suspect's parents in Egypt when he was having financial difficulties.

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