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Method annex · speaking cut

How to say it.

As of 5 September 2026. This is a speaking cut of quoted instruments, not a ranking. A method annex: how to say the clauses already attached — not a featured national brief. Some venues write a listed-speech offence around listed organizations and acts. Some do not. Speech next to designation can also ride spending conditions, status bars, and list growth without becoming that offence. ‘Same policy goal’ is Inference. The instruments are not the same law.

01

Listed-speech · §24

Three offences, not one subsection

This listed-speech offence is three subsections, not one. Identification with a group is §24(a). A direct call is §24(b)(1). Praise of a terrorist act is §24(b)(2). Kol Ha'am is the constitutional prior-restraint test. It is not the criminal test.

Say this

  1. Supported

    The split

    Israel writes two, really three, listed-speech offences, not only §24(b)(2). If the talk is about identification with groups — a flag, a slogan, an anthem — the closer statute is §24(a).

    Combating Terrorism Law, 5776-2016, §24(a), (b)(1), (b)(2)

  2. Supported

    Group identification

    §24(a) is identification with a terrorist organization, including publishing words of praise, support or sympathy, waving a flag, displaying a symbol, or publishing a slogan or anthem. The test is public plus purpose to identify, or an actual possibility that the act will lead to a terrorist act or listed offenses. Maximum three years.

    Combating Terrorism Law §24(a)

  3. Supported

    Direct call

    §24(b)(1) is a direct call to commit a terrorist act. There is no probability test. Maximum five years.

    Combating Terrorism Law §24(b)(1)

  4. Supported

    Act praise

    §24(b)(2) is publishing praise, sympathy, encouragement, support of, or identification with a terrorist act, where the content of the publication and the circumstances in which it was published give rise to a substantial or real possibility that it will bring about a terrorist act. Maximum five years.

    Combating Terrorism Law §24(b)(2)

  5. Supported

    Prior restraint

    Kol Ha'am, HCJ 73/53, is the constitutional prior-restraint test: near certainty that a publication will endanger the public peace. The criminal statute uses the lower substantial-possibility test. Those are not the same test. Do not collapse them.

    HCJ 73/53, 87/53 Kol Ha'am v. Minister of the Interior, 7 P.D. 871 (1953)

Example

Supported

§24(a) versus §24(b)(2), then Kol Ha'am

Hold up a flag, a slogan, an anthem of a designated organization: that is §24(a), identification with a group, three years, public purpose or actual possibility. Publish praise of a terrorist act: that is §24(b)(2), five years, substantial or real possibility from content and circumstances. Then say the contrast out loud. Kol Ha'am's near-certainty test is constitutional prior restraint of a newspaper. It is not the mens rea of §24.
Combating Terrorism Law, 5776-2016, §24(a), §24(b)(2); HCJ 73/53 Kol Ha'am, 7 P.D. 871 (1953)
Primary source

Do not

  • Do not treat §24(b)(2) as the whole statute.
  • Do not collapse the criminal substantial-possibility test into Kol Ha'am's constitutional near-certainty test.
  • Do not speak as if §24 requires near certainty. It does not.
  • If you name Amendment No. 9, carry the sunset: a temporary one-year consumption offense, extended 26 November 2025 through 30 November 2027.
  • Do not describe the live Israeli test as ‘reasonable possibility’ unless and until Amendment No. 11 is gazetted. That proposal is Unproven-as-law.

02

Listed-speech · s.1 / s.12

Glorification is not praise-enough

This is a listed-speech offence. Terrorism Act 2006 s.1 is a reasonable-person encouragement offence. Glorification counts only if the public could reasonably infer the conduct should be emulated in existing circumstances. s.12(1A) is a different offence: reckless supportive opinion of a proscribed organisation.

Say this

  1. Supported

    The gate

    UK glorification is not ‘praise is enough.’ Praise standing alone is not the offence.

    Terrorism Act 2006 s.1(3)

  2. Supported

    Encouragement

    s.1 covers a statement a reasonable person would understand as a direct or indirect encouragement or other inducement to terrorism. Mens rea is intent or recklessness. How the statement is understood is taken from contents as a whole and the circumstances and manner of publication. Actual encouragement is irrelevant. Particularity of the act is irrelevant.

    Terrorism Act 2006 s.1(1)–(2), (4), (5)

  3. Supported

    Emulate now

    Glorification — including praise or celebration — counts only if members of the public could reasonably be expected to infer that what is being glorified is being glorified as conduct that should be emulated by them in existing circumstances. That emulate-now inference is the statutory gate.

    Terrorism Act 2006 s.1(3), s.20(2)

  4. Supported

    The maximum

    Maximum on indictment for s.1 is 15 years. It was raised from 7 years by the Counter-Terrorism and Border Security Act 2019. Older summaries still say 7. The live figure is 15.

    Terrorism Act 2006 s.1(7)(a); CTBSA 2019 s.7(6)

  5. Supported

    Reckless opinion

    s.12(1) is invitation of support for a proscribed organisation. s.12(1A), added 12 April 2019, is a different offence: expressing an opinion or belief that is supportive of a proscribed organisation, and being reckless as to whether a person to whom the expression is directed will be encouraged to support that organisation. Maximum 14 years on indictment. It is not s.1 glorification.

    Terrorism Act 2000 s.12(1), s.12(1A)

Example

Supported

s.1(3) emulate-now, then s.12(1A)

Read s.1(3) as the gate: a statement that glorifies the commission or preparation of terrorist acts — past, future, or generally — is a species of indirect encouragement only if members of the public could reasonably infer that what is being glorified should be emulated by them in existing circumstances. Then keep s.12(1A) on a different line. That is a supportive opinion or belief about a proscribed organisation, reckless as to encouragement of the addressee. It closed the gap in R v Choudary. It is not the glorification offence.
Terrorism Act 2006 s.1(3); Terrorism Act 2000 s.12(1A)
Primary source

Do not

  • Do not say UK law criminalizes praise standing alone.
  • Do not skip the emulate-now inference in s.1(3).
  • Do not collapse s.1 glorification of an act into s.12(1A) reckless supportive opinion of a proscribed organisation.
  • Do not quote the old 7-year maximum for s.1. The live maximum on indictment is 15 years.

03

No listed-speech · citizen

No listed-speech offence

No listed-speech offence for independent citizen speech next to designation. Brandenburg is imminent lawless action. Holder is coordination, not applause. Title VI of the Civil Rights Act is a funding condition, not a speech crime. Title VI of the Higher Education Act is a different statute. Two House vehicles would add statutory funding conditions. Neither is law.

Say this

  1. Supported

    Independent citizen speech

    The United States does not write a federal listed-speech offence for independent citizen speech next to designation. There is no hidden glorification statute.

    Brandenburg, 395 U.S. 444; Holder, 561 U.S. 1; 18 U.S.C. §2339B

  2. Supported

    The floor

    Brandenburg: the constitutional guarantees of free speech do not permit a State to forbid advocacy of the use of force or of law violation except where that advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce it.

    Brandenburg v. Ohio, 395 U.S. 444, 447 (1969)

  3. Supported

    Coordination, not applause

    Holder: 18 U.S.C. §2339B may reach speech that is training, expert advice, or service provided to, under the direction of, or in coordination with a designated foreign terrorist organization. The Court said plaintiffs ‘may say anything they wish on any topic.’ Independent praise stays outside §2339B. One line: the United States can punish help given to the group. It cannot, as current doctrine stands, punish independent applause of the group by a citizen.

    Holder v. Humanitarian Law Project, 561 U.S. 1, 25–26 (2010)

  4. Supported

    Two Title VIs

    Title VI of the Civil Rights Act of 1964, 42 U.S.C. §2000d, is a live funding condition on race, color, and national origin, including shared ancestry. Official theory is institutional hostile environment / deliberate indifference — not a citizen speech crime, and not a glorification ban by other means. Title VI of the Higher Education Act, 20 U.S.C. §1121, is a different statute. Collapsing them is an error.

    42 U.S.C. §2000d; 20 U.S.C. §1121 et seq.

  5. Supported

    Passed House, not law

    H.R. 4795, Protect Economic and Academic Freedom Act of 2026, passed the House 237–169 on 3 September 2026 and is not law. It would condition HEA student-aid eligibility for a ‘nonexpressive commercial boycott’ of Israel, plus HEA Title VI international-education certifications. That Title VI is not the Civil Rights Act.

    H.R. 4795, 119th Cong. (passed House 3 Sept. 2026) — not law

  6. Supported

    Reported, not law

    H.R. 8476, No Antisemitism in Education Act of 2026, was reported 20 August 2026 (Union Calendar 660), has not passed the House, and is not law. It would require funded schools and colleges to treat antisemitic discrimination as vigorously as other Title VI Civil Rights Act grounds. An earlier Fine bill, H.R. 6186, used the same short title. The live vehicle is H.R. 8476.

    H.R. 8476, 119th Cong. (reported 20 Aug. 2026, Union Calendar 660) — not law

Example

Supported

Brandenburg plus Holder; two Title VIs; two 2026 House vehicles

Say the one-liner and stop. The United States can punish help given to the group. It cannot, as current doctrine stands, punish independent applause of the group by a citizen. Brandenburg is directed-to and likely imminent lawless action. Holder is coordination. Then separate the institutions. Title VI of the Civil Rights Act is a live funding condition whose official theory is hostile environment / deliberate indifference. Title VI of the Higher Education Act is international education — a different statute. H.R. 4795 passed the House 237–169 on 3 September 2026 and is not law; it touches HEA Title VI, not the Civil Rights Act. H.R. 8476 was reported 20 August 2026, has not passed the House, and is not law.
Brandenburg, 395 U.S. 444, 447; Holder, 561 U.S. 1, 25–26; 42 U.S.C. §2000d; H.R. 4795 (passed House 3 Sept. 2026 — not law); H.R. 8476 (reported 20 Aug. 2026 — not law)
Primary source

Do not

  • Do not describe Holder as a glorification case. It is a material-support case.
  • Title VI official legal theory is institutional discrimination. It is not a listed-speech offence by other means.
  • Do not describe H.R. 4795 as enacted. Do not describe it as amending the Civil Rights Act. Carry status in every sentence that names it: passed the House, not law.
  • Do not describe H.R. 8476 as enacted or as having passed the House. Carry status in every sentence that names it: reported, has not passed the House, not law.
  • Do not confuse H.R. 8476 with H.R. 6186.

04

Status, not listed-speech

The immigration tool is already statute

Speech next to designation as a status rule, not a listed-speech offence. INA §212(a)(3)(B)(i)(VII) already makes an alien inadmissible who endorses or espouses terrorist activity, or persuades others to endorse or espouse terrorist activity or support a terrorist organization. That is not Brandenburg. It is a status rule for non-citizens.

Say this

  1. Supported

    Already statute

    The immigration endorse / espouse tool is already statute. It is not a new post-October 7 invention, and it is not a listed-speech offence.

    INA §212(a)(3)(B)(i)(VII), 8 U.S.C. §1182(a)(3)(B)(i)(VII)

  2. Supported

    The clause

    Any alien who endorses or espouses terrorist activity, or persuades others to endorse or espouse terrorist activity or support a terrorist organization, is inadmissible.

    8 U.S.C. §1182(a)(3)(B)(i)(VII)

  3. Supported

    Not Brandenburg

    That is not Brandenburg. There is no imminence requirement. It is a status bar: visa denial, refusal of admission, removal — not a criminal sentence for the speech.

    8 U.S.C. §1182(a)(3)(B)(i)(VII)

  4. Supported

    The manual

    9 FAM 302.6 is the consular manual. An applicant is ineligible under INA 212(a)(3)(B)(i)(VII) if the applicant endorses or espouses terrorist activity or persuades others to endorse or support terrorist activity or a terrorist organization.

    9 FAM 302.6

  5. Supported

    Direction, not a dataset

    Post-2025 screening intensification is official direction. Individual-case application is largely Unproven in primary statistical form. Do not invent denial or removal counts.

    EO 14188 (29 Jan 2025); 9 FAM 302.6. Case-level counts: Unproven

Example

Supported

Endorse or espouse, already on the books

Quote the clause. Any alien who endorses or espouses terrorist activity, or persuades others to endorse or espouse terrorist activity or support a terrorist organization, is inadmissible. That is INA §212(a)(3)(B)(i)(VII). 9 FAM 302.6 is the consular manual that applies it. Post-2025 screening intensification is official direction. How that lands in individual cases is Unproven as a statistical record. Do not run it through Brandenburg.
8 U.S.C. §1182(a)(3)(B)(i)(VII); 9 FAM 302.6
Primary source

Do not

  • Do not run the INA endorse / espouse clause through Brandenburg.
  • Do not describe endorse or espouse as a speech crime. It is a status bar for non-citizens.
  • Do not treat post-2025 screening direction as a statistical record of denials or removals. Direction is Supported. Case-level application is Unproven.
  • Do not invent visa-denial or removal counts.

Close on this

Designation as master switch

Supported

Designation is the shared master switch. When a venue designates, proscribes, or adds an FTO or SDGT, existing support and status rules expand. List growth is speech next to designation even when no listed-speech offence is written. Israel designation, United Kingdom proscription, and United States FTO / SDGT additions are the quoted operators — not a ranking. 2025 was a record year for US FTO additions. That still does not write a citizen listed-speech offence.

CRS IF10613; Combating Terrorism Law designation; Terrorism Act 2000 s.3; INA §219 / EO 13224

Not happening

Supported

A new US federal listed-speech offence for independent citizen speech next to designation.

Happening

Supported

Existing Title VI of the Civil Rights Act of 1964 funding conditions used more aggressively after October 7; existing INA endorse / espouse bars used more aggressively against non-citizens; FTO / SDGT lists expanded so §2339B and immigration bars reach more organizations; two House vehicles that would add statutory funding conditions. H.R. 4795, Protect Economic and Academic Freedom Act of 2026, passed the House 237–169 on 3 September 2026 and is not law. H.R. 8476, No Antisemitism in Education Act of 2026, was reported 20 August 2026, has not passed the House, and is not law.

How to read this

The badge is the claim. The sentence is the fact. Unproven and Disputed stay where they are.

SupportedTitle VI official legal theory is institutional discrimination. It is not a listed-speech offence by other means.

DisputedMotive and overbreadth of post-October 7 Title VI enforcement are Disputed.

UnprovenA claim of systematic viewpoint discrimination at scale is Unproven as a dataset. It is a fair Inference as a structural risk of discretionary contextual tests.