The 9th Circuit Court of Appeals panel has ruled that it is free speech to encourage illegal immigration. They struck down a federal law that forbid Americans from encouraging foreigners to stay in the U.S. illegally.
What's the difference between encouraging illegal immigration and encouraging an invasion? We don't think the liberal court has thought it through.
A federal appeals court on Tuesday struck down a portion of federal law that makes it a crime to encourage illegal immigration, ruling that the statute violates the First Amendment.
“Criminalizing expression like this threatens almost anyone willing to weigh in on the debate,” Judge A. Wallace Tashima wrote in his opinion for the 9th Circuit Court of Appeals, Politico reported.
Federal prosecutors argued that the law should apply only to individuals who provide "substantial assistance" to immigrants entering or residing in the U.S. illegally, according to Politico, which noted that the law took effect before President Trump took office.
Tashima disagreed with prosecutors, saying that their reading was "strained."
“Although the ‘encourage or induce’ prong…may capture some conduct, there is no way to get around the fact that the terms also plainly refer to First Amendment-protected expression,” Tashima wrote.