US law against encouraging illegal immigration struck down

[rangerrebew]

US law against encouraging illegal immigration struck down
By SUDHIN THANAWALADecember 4, 2018


SAN FRANCISCO (AP) — A U.S. appeals court struck down a federal immigration law Tuesday that opponents warned could be used to criminalize a wide range of statements involving illegal immigration.

The law made it a felony for people to encourage an immigrant to enter or live in the U.S. if they know the person would be doing so illegally.

The law violates the First Amendment because it criminalizes a substantial amount of protected speech, a three-judge panel of the 9th U.S. Circuit Court of Appeals said.

https://www.apnews.com/344dab0d2df44a6f995f2773ed61f636

[rangerrebew]

So now it is illegal to encourage people to obey the law?

[Fishrrman]

One more boneheaded decision to push upwards to the Supreme Court...

[Oceander]

So now it is illegal to encourage people to obey the law?

No. It’s no longer illegal to encourage people to break the law.  Completely different issue.

[bigheadfred]

No. It’s no longer illegal to encourage people to break the law.  Completely different issue.

This is insider trading, yes.

But the law is still the law.

Enforcement is only a tactical theory.

[bigheadfred]

In its essence, the rule of law is gone. @Oceander

[bigheadfred]

I want my cut. Any medical treatment(s), housing advantages, IMMIGRATION grants--start up money grants, food stamps,etc. will be available to me and anyone I designate immediately, without oversight.
 

[bigheadfred]

oh...weight...i have no standing...

[GtHawk]

No. It’s no longer illegal to encourage people to break the law.  Completely different issue.

Unless it's inciting a riot?

[Oceander]

In its essence, the rule of law is gone. @Oceander

Baloney. 

[Oceander]

Unless it's inciting a riot?

Most likely, provided the requirements of imminence are met.

[Oceander]

I am "authorizing" to have you murdered.  Legally, of course.

So?

[andy58-in-nh]

The 9th U.S. Circuit Court of Appeals, predictably.

And it will just as predictably be overturned upon appeal.

[Oceander]

The 9th U.S. Circuit Court of Appeals, predictably.

And it will just as predictably be overturned upon appeal.

I rather doubt it. 

[andy58-in-nh]

I rather doubt it.

You may be right in this case. We'll see.

The statute was far more narrowly drawn than the manner in which the court chose to interpret it. However, free speech is vital and ought not be infringed upon without a truly valid governmental purpose. Thus it may necessary to re-craft the law so that it cannot be used to criminalize persons who merely make verbal suggestions, as opposed to those who actively assist others in breaking the law.