The Supreme Court in a 7-2 ruling on Friday upheld that a federal law prohibiting encouraging or inducing illegal immigration does not violate the First Amendment, reversing a Ninth Circuit decision that ruled the language of the law was unconstitutionally overbroad.
Justice Amy Coney Barrett wrote the majority 7-2 decision, finding that the Ninth Circuit was wrong to rule that a federal law criminalizing the practice of encouraging illegal immigration was unconstitutionally overbroad and thus could not be applied to anyone.
Barrett writes:
Properly interpreted, this provision forbids only the intentional solicitation or facilitation of certain unlawful acts. It does not “prohibi[t] a substantial amount of protected speech”—let alone enough to justify throwing out the law’s “plainly legitimate sweep.”
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Section 1324(a)(1)(A)(iv) reaches no further than the…
