Posted on 12/04/2018 10:37:59 AM PST by yesthatjallen
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.
The good part is our enemies can't silence us because our opinions are now part of the debate.
A “Rapin Bill” judge.
That explains things.
Supreme Court will throw it out.
In that case why obey the gun laws? Show the progressives this works both ways.
Of course, the 9th circus.
Just another black-robed kkklown who thinks he's Presidentacus.
"I am Presidentacus!"
"No, I am Presidentacus!"
I strongly encourage private firearm sales between consenting adults.
President Trump: #NotMyPresident, say the Lefties.
The fraudulent incoming House of Representatives? #NotMyLaws, say the conservatives.
Well then it’s now okay to yell “FIRE” in a crowded theater?
Encouraging them?
Come on down..you’re the next illegal occupier on ..The Price is Right!
How about financing it?
Norm McDonald should now be announcing that incitement of felony crimes is now LEGAL in the United States.
(Old OJ trial coverage reference)
The judge is purpously and premeditately aiding conspiracy to overthrow the goveernment of the United States of America.
So, you still have to obey gun laws......BUT, you CAN advocate for other people to shoot former and current politicians and appreals court judges, so it seems.
So urging people to break a law is free speech?
Yes. Or Trump could tell Manafort to lie to Mueller. There are some judges who should not be practicing law much less adjudicating cases.
The good news here is that there can now not be a law (like is being considered in France (or somewhere else in Europe?)) that would pass Constitutional muster that would prohibit speech that DIScourages illegal immigration. The saw cuts both ways. Let’s see the 9th Circus worm its way out of that.
If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.
Someone please throw a BS flag.
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