- The government's case seems to rest not on Hussayan's postings but the messages and postings of others. And it appears that he worked not with a terrorist group, but alone, on a volunteer basis, in the den of his apartment. Moreover, according to Hussayen's lawyers, these sites also included viewpoints that criticized jihad as well. Thus, they may have been more "marketplace of ideas" -- the First Amendment's ideal -- than terrorist platform.
Providing a forum in which jihadists might, conceivably, get talked out of violent acts is clearly not in our interest. Yes?
Similarly, the nervous ninnies at the ACLU are upset that they had to edit the description of a legal challenge to the Patriot Act to omit the description of the portion of the law that they're challenging, even though the same provisions are described in far greater detail on the DOJ's own web site. And so they cry censorship, simply failing to recognize an inspired artistic tribute to Kafka.
Some people just have no taste...
For what it's worth, the government has other charges against Mr. Hussayan as well, including providing funds to groups that they deem to be terrorist. We'll see soon, I guess, if that amounts to more than providing a forum to the "terrorist" groups in question on which they could, if they chose, point out their willingness to cash a check...