On March 5, 2025, the Knight Institute and the ACLU submitted an amicus brief in United States v. Terry, a criminal case brought under the Foreign Agents Registration Act (“FARA”) charging foreign policy expert Sue Mi Terry for her failure to register as an agent of South Korea. Dr. Terry moved to dismiss the indictment, arguing in part that FARA’s broad and vague terms violate the First Amendment.

In support of Dr. Terry’s motion to dismiss, the amicus brief explained how FARA’s sweeping terms can be read to apply to all manner of organizations and individuals—including media organizations, journalists, and nonprofits—that are connected to foreign individuals and entities. The breadth and vagueness of FARA’s terms threaten to chill protected First Amendment activity and can enable the government to target speakers based on viewpoint. The brief urged the court to construe FARA narrowly to avoid the serious First Amendment questions raised by a broad reading of the statute.

Status: On February 18, 2026, the district court denied Terry's motion to dismiss.

Case Information: United States v. Terry, No. 1:24-cr-00427 (S.D.N.Y.).