Criminal courts are failing us in the war against radical Islam, with help from (who else?) the ACLU: Saudi Cleared of Terror Charges in Idaho. Depressing.

Al-Hussayen’s attorneys have argued that he had little to do with the creation of the material posted. And they say the material was protected by the First Amendment right to freedom of expression and was not designed to raise money or recruit militants.

“It was hard to imagine how they could have convicted on the terrorism charges in light of the First Amendment,” said Jack Van Valkenburgh, director of the Idaho chapter of the ACLU. “What I heard from prosecution were only allegations of constitutionally protected speech, so I’m relieved.”

Prosecutors said he turned Web sites of the Islamic Assembly of North America into an Internet network providing information to foster terrorism, particularly in the Middle East and Chechnya.

They cited religious edicts justifying suicide bombings and an invitation to financially support the militant Palestinian organization Hamas in arguing that Al-Hussayen should be convicted.

Al-Hussayen was acquitted on all three terrorism counts, as well as one count of making a false statement and two counts of visa fraud. Jurors could not reach verdicts on three more false statement counts and five additional visa fraud counts, and a mistrial was declared on those charges.

Amazing. The ACLU is actually defending incitement to murder, raising money for the terror gang Hamas, and supporting the global jihad … as “constitutionally protected speech.”