Posted on 12/04/2018 10:40:06 AM PST by Cold War Veteran - Submarines
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.
A former California immigration consultant, Evelyn Sineneng-Smith filed the appeal.
Sineneng-Smith was sentenced in 2015 to 18 months in prison after a jury convicted her on tax and mail fraud charges as well as a violation of the law that the 9th Circuit Court ruled against Tuesday.
Prosecutors argued that she used her business as a scam and urged immigrants to apply for programs that had already ended or for which they were clearly not eligible.
The 9th Circuit Court upheld the other convictions of Sineneng-Smith's other crimes.
The Justice Department did not immediately respond to a request for comment.
Looks like two of us were posting at same time. Please delete this. Sorry.
Really? I wonder how they feel about encouraging violence?
9th circuit? Well, that is no surprise, is it?
Aiding and abetting criminals is now protected?
an appeals court can’t do away with a law.
Perjury,
Suborning perjury,
conspiracy to commit ANY crime.....
All "protected free speech"!!!
I kind of agree. You can talk about it and be for illegal immigration. But what about Funding it as a US citizen? I’d love to hear the 9th take on that!
Another Democrat appointee.
I am not so sure. Is it a crime to goad someone into robbing a bank? I didn’t rob the bank your Honor. I just double dared my neighbor into doing it.
Then if you tell someone to commit suicide in an online situation and they do, should you be prosecuted? There are a lot of people who think you should.
As far as I am concerned, let them say what they want. It helps identify the enemies of the Republic.
And breaking the law.
Puts the Judge in the same position, I would think.
Impeach and arrest him!!
Wow, so now a court sides with those breaking our laws.
That judge should be removed.
This is not a discussion of speech but of illegal acts. If illegal entry into the country is against the law then assisting in that effort is equally against the law.
a 1980 Carter appointed Judge,
https://www.fjc.gov/history/judges/tashima-atsushi-wallace
then appointed to Appeals court in 1995 by Bubba
The defendant wasn’t found not guilty of the act of assisting, she is still in jail. She was found not guilty of the verbal encouragement she gave them. Two different things.
How can you not know who the enemy is?
How about encouraging crimes against federal judges? That would be a 1st Amendment right, no? Did we have to red beyond the headline to know it’s the 9th C?
That article is confusing. What it is said to say is that discussion of Illegalism is protected by the First amendment and to that I would agree.
But the implication is that the actual ACTORS i.e. those who actually take steps to violate the law cannot be prosecuted under this law.
Her crime was not in encouraging Illegalism but her fraudulent claims about the aid she could give them to get on the Gravy Train.
Just another grifter in the Clinton mold.
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