At the Supreme Court, when is immigration advice a crime? – NPR
The issue before the Supreme Court on Monday: whether a federal law that prohibits inducing unlawful immigration for financial gain violates the First Amendment. Kent Nishimura/Los Angeles Times via Getty Imag hide caption
The issue before the Supreme Court on Monday: whether a federal law that prohibits inducing unlawful immigration for financial gain violates the First Amendment.
Look at the the Supreme Court's history, and you will see a lot of cases in which odious defendants bring tough First Amendment questions. Monday's case was one of those.
The issue was whether a federal law that makes it a crime to encourage or induce illegal immigration transforms some speech protected by the Constitution into a crime.
The defendant in this case is Helaman Hansen, who conned 471 noncitizens into believing that they could obtain U.S. citizenship through adult adoption. By enrolling these noncitizens in this nonexistent program, Hansen defrauded these people of more than $1.8 million. In 2017, a jury convicted him on 15 counts of mail and wire fraud, for which he was sentenced to 20 years in prison. But it also found him guilty of two counts of encouraging or inducing these noncitizens to remain in the United States, and it is those two counts that were the focus of Monday's argument.
The Ninth Circuit Court of Appeals ruled in favor of Hansen, declaring that the federal law making it a crime to induce unlawful immigration sweeps up a substantial amount of speech that is protected by the First Amendment. The government appealed, and on Monday Deputy Solicitor General Brian Fletcher sought to thread a tiny legal needle: With one hand he made strategic concessions, while with the other he sought to uphold the statute. He conceded that the jury had not been properly instructed on the defendant's intent, and that the statute could be read too broadly. But, noting that the law has been applied for 70 years, he argued that if it is narrowly construed, it does not run afoul of the First Amendment.
"Prohibitions on soliciting or facilitating both criminal and civil violations have long been common and have never been thought to raise a First Amendment problem," Fletcher said. "The First Amendment does not protect speech that is intended to induce or commence specific illegal activities."
"What do you say to the charitable organizations that say, even under your narrowing construction, there's still going to be a chill or a threat of prosecution for them for providing food or shelter and aid," asked Justice Brett Kavanaugh.
Justice Sonia Sotomayor followed up, saying, "We do know that the Customs Department made a list of all the people, religious entities, the lawyers and others who were providing services to immigrants at the border and was saying they were going to rely on the statute to prosecute them."
Justice Elena Kagan added, "What happens to all the cases where it could be a lawyer, it could be a doctor, it could be a neighbor, it could be a friend, it could be a teacher and could be anybody, says to a noncitizen, 'I really think you should stay.' What happens to that world of cases?"
Responding to a question from Sotomayor about a grandmother who worries that her immigration status might be a burden on her children but stays in the U.S. at their urging, Fletcher acknowledged that when family members urge someone to stay, that is the hardest case. He said there is no way to deal with all the variables that could come up, prompting Sotomayor to ask, "Why should we uphold a statute that criminalizes words . . . that's what we're doing with this statute. It's a first of [its] kind."
Unless the court clips the wings of this statute, she said, "Congress and the states will be free . . . to criminalize speech soliciting violations of the vast range of administrative and regulatory laws that govern us today, from mask and vaccine mandates to parking ordinances."
But she too faced some tough hypotheticals. "What about someone who encourages a person who is intellectually disabled to commit suicide?" asked Justice Samuel Alito.
Bhandari replied that the government has an interest in protecting the vulnerable, and if a statute were narrowly drawn, it could survive.
Justice Neil Gorsuch asked Bhandari how her client's rights are being violated, noting that under just about any standard of intent, he would be convicted.
Bhandari acknowledged that her client had defrauded many people and will go to jail for 20 years. But, she said, the challenge here is to the statute as a whole and how it could inhibit speech about almost anything.
The government, with all its concessions on Monday, tried its best to persuade the court that a decision narrowly construing the statute would allow it to remain on the books. Whether it won the day remains to be seen.
Continue reading here:
At the Supreme Court, when is immigration advice a crime? - NPR
- Takeaways from the Supreme Courts TikTok decision and what it may mean for the First Amendment - CNN - January 19th, 2025 [January 19th, 2025]
- Oral Argument in TikTok v. Garland: Does the First Amendment Apply, and How? - The Federalist Society - January 19th, 2025 [January 19th, 2025]
- TikTok, HamHom, and the First Amendment - Reason - January 19th, 2025 [January 19th, 2025]
- Supreme Court weighs First Amendment rights and porn in Texas case - NPR - January 19th, 2025 [January 19th, 2025]
- "Strong stand for the First Amendment": TikTok announces U.S. return after Trump promise to stay ban - Salon - January 19th, 2025 [January 19th, 2025]
- FCCs Rosenworcel Takes Parting Swipe at Incoming Trump Administration Over First Amendment - TV Technology - January 19th, 2025 [January 19th, 2025]
- Upholding TikTok ban, Supreme Court attacks First Amendment ahead of Trump inauguration - WSWS - January 19th, 2025 [January 19th, 2025]
- Rand Paul Reacts to TikTok Ruling: 'Violation of the First Amendment' - Newsweek - January 19th, 2025 [January 19th, 2025]
- Supreme Court Denies TikTok First Amendment Pass, Effectively Shuttering the Social Media Platform in the U.S. on Jan. 19 Unless Sold to Third Party -... - January 19th, 2025 [January 19th, 2025]
- "Satan loves the First Amendment" banner lawsuit allowed to proceed against Broward schools - CBS News - January 6th, 2025 [January 6th, 2025]
- Claim Against School Board That Refused to Display "Satan Loves the First Amendment" Banner Can Go Forward - Reason - January 6th, 2025 [January 6th, 2025]
- First Amendment gives way to national security: Countdown on for TikTok - Virginia Mercury - January 6th, 2025 [January 6th, 2025]
- Settlement puts Disneys business interests above First Amendment - Freedom of the Press Foundation - January 6th, 2025 [January 6th, 2025]
- Federal Judge Temporarily Blocks Protect Tennessee Minors Act Over First Amendment Concerns - SValleyNow.com | Local News for Marion County and the... - January 6th, 2025 [January 6th, 2025]
- Sullivan and the Central Meaning of the First Amendment Lee Levine & Matthew Schafer - Law & Liberty - January 1st, 2025 [January 1st, 2025]
- Tennessee age verification law blocked from taking effect due to First Amendment concerns - WZTV - January 1st, 2025 [January 1st, 2025]
- FIRE to SCOTUS: TikTok ban violates Americans' First Amendment rights - Foundation for Individual Rights and Expression - January 1st, 2025 [January 1st, 2025]
- Ald. Jim Gardiner Agrees to Pay $157K to Settle Lawsuit Claiming He Violated First Amendment by Blocking Critics From Official Facebook Page - WTTW... - January 1st, 2025 [January 1st, 2025]
- First Amendment the first casualty in Oklahoma school chiefs weird war on woke | Opinion - Wichita Eagle - January 1st, 2025 [January 1st, 2025]
- Donald Trump Asks Supreme Court to Delay TikTok Ban Over First Amendment Concerns - TheWrap - January 1st, 2025 [January 1st, 2025]
- How Washington State Stifles the First Amendment for the Incarcerated - Solitary Watch - December 22nd, 2024 [December 22nd, 2024]
- Opinion | Theres Still Time for the Senate to Support the First Amendment - The New York Times - December 22nd, 2024 [December 22nd, 2024]
- First Amendment Censorship Claims Against Stanford Internet Observatory Can Go Forward to Discovery as to Jurisdiction and Standing - Reason - December 22nd, 2024 [December 22nd, 2024]
- S. Ct. Will Hear First Amendment Challenge to TikTok Divestment on Jan. 10 - Reason - December 22nd, 2024 [December 22nd, 2024]
- Counterpoint: Reporters shouldnt have more First Amendment rights than the rest of us - Citrus County Chronicle - December 22nd, 2024 [December 22nd, 2024]
- Deal reached in First Amendment -Facebook lawsuit against Ald. Gardiner, as city agrees to pay some costs - Nadig Newspapers - December 22nd, 2024 [December 22nd, 2024]
- Iowa Republicans are afraid of the First Amendment - Bleeding Heartland - December 22nd, 2024 [December 22nd, 2024]
- TikTok Asks Supreme Court to Block Law Banning Its U.S. Operations - The New York Times - December 18th, 2024 [December 18th, 2024]
- Supreme Court agrees to hear TikToks First Amendment challenge to U.S. ban if not sold - Spectrum News NY1 - December 18th, 2024 [December 18th, 2024]
- Chris Hayes Says Trumps Media Lawsuits Are Meant to Open the Floodgates to Overturn Key First Amendment Rights | Video - Yahoo! Voices - December 18th, 2024 [December 18th, 2024]
- Media on the run: A sign of things to come in Trump times? First Amendment News 451 - Foundation for Individual Rights and Expression - December 18th, 2024 [December 18th, 2024]
- KERC Approves First Amendment to Multi-Year Transmission, Distribution, and Retail Supply Tariff Regulations 2024 - SolarQuarter - December 18th, 2024 [December 18th, 2024]
- Masked Protests and First Amendment Rights The Chickenman Case in Smyrna - Wgnsradio - December 18th, 2024 [December 18th, 2024]
- First Amendment attorneys say Ohio bill aimed at curbing antisemitism may infringe on rights - 10TV - December 18th, 2024 [December 18th, 2024]
- First Amendment warning: 100% chance of Ryan Walters tweeting - NonDoc - December 18th, 2024 [December 18th, 2024]
- Chris Hayes Says Trump's Media Lawsuits Are Meant to 'Open the Floodgates' to Overturn Key First Amendment Rights | Video - TheWrap - December 18th, 2024 [December 18th, 2024]
- SJC expands First Amendment protection to true threats over the Internet, by text, and in person - The Boston Globe - December 14th, 2024 [December 14th, 2024]
- OPINION: The First Amendment is the Biggest Story of the 2024 Presidential Election - Nevada Globe - December 14th, 2024 [December 14th, 2024]
- First Amendment: Anathema or weapon? - Workers World - December 14th, 2024 [December 14th, 2024]
- Justices Will Hear First Amendment Challenge to Denial of Tax Exemption for Catholic Charities - Law.com - December 14th, 2024 [December 14th, 2024]
- The Press and The People Must Not Willingly Surrender First Amendment Rights to Trump - Daily Kos - December 14th, 2024 [December 14th, 2024]
- La. TikTok creator says potential app ban infringes on First Amendment right - KPLC - December 14th, 2024 [December 14th, 2024]
- Opinion | The TikTok Ruling Is a Blow for the First Amendment and Free Speech - The New York Times - December 10th, 2024 [December 10th, 2024]
- TikTok failed to save itself with the First Amendment - The Verge - December 10th, 2024 [December 10th, 2024]
- Newsoms War on Political Speech: ADF Defends Rumble in the First Amendment Case - California Family Council - December 10th, 2024 [December 10th, 2024]
- Opinion | The TikTok Sale and the First Amendment - The Wall Street Journal - December 8th, 2024 [December 8th, 2024]
- Secret court hearing threatens the First Amendment and more - The Hill - December 8th, 2024 [December 8th, 2024]
- President Trump lacks standing: CBS rubbishes lawsuit over Kamala Harris 60 Minutes interview as procedurally baseless and prohibited by the First... - December 8th, 2024 [December 8th, 2024]
- Perspective: Colorado vs. the First Amendment - Colorado Springs Gazette - December 8th, 2024 [December 8th, 2024]
- Annenberg Classroom Film on First Amendment Wins Anthem Award - The Annenberg Public Policy Center of the University of Pennsylvania - December 8th, 2024 [December 8th, 2024]
- Trumps calls to investigate pollster put First Amendment at risk - Foundation for Individual Rights and Expression - December 8th, 2024 [December 8th, 2024]
- First Amendment Likely Protects Referring Patients for Out-of-State Abortions - Reason - December 8th, 2024 [December 8th, 2024]
- Trumps FBI director pick Kash Patel: A clear and present danger to freedom of the press First Amendment News 449 - Foundation for Individual Rights... - December 8th, 2024 [December 8th, 2024]
- Federal judge tosses First Amendment retaliation claim in Gibbs lawsuit - News From The States - December 8th, 2024 [December 8th, 2024]
- Litigation: First Amendment rights violated by Cabarrus County - The Courier=Times - November 26th, 2024 [November 26th, 2024]
- Lee C. Bollinger on the First Amendment, Free Speech, Affirmative Action, and More - Columbia University - November 26th, 2024 [November 26th, 2024]
- 'Free Speech Was Given to Us by God': Why the First Amendment Is in Danger Like Never Before - CBN.com - November 26th, 2024 [November 26th, 2024]
- The Impact of The First Amendment: Essays on the Imperative of Intellectual Freedom - New Ideal - November 26th, 2024 [November 26th, 2024]
- Journal of Free Speech Law: "The Press Clause: The Forgotten First Amendment," - Reason - November 26th, 2024 [November 26th, 2024]
- Kansas nurse Elaine Gebhardt claims First Amendment protection in state board probe of her social media posts - The Sentinel - November 26th, 2024 [November 26th, 2024]
- Thomas pushed to overrule Kagans order in COVID-related First Amendment case where RFK Jr. serves as co-counsel - Law & Crime - November 26th, 2024 [November 26th, 2024]
- Counterpoint: Reporters shouldnt have more First Amendment rights than the rest of us - TribLIVE - November 26th, 2024 [November 26th, 2024]
- Trump Resumes His Endless War Against the First Amendment - The New Republic - November 26th, 2024 [November 26th, 2024]
- Anti-porn lawyers ready to profit from a Kansas age-gating law that may violate the First Amendment - Kansas City Pitch - November 26th, 2024 [November 26th, 2024]
- Its the First Amendment, stupid. Judge tells Florida to stop threatening TV stations - The Daily News Online - October 21st, 2024 [October 21st, 2024]
- Californias deepfake ban cant fool the deep protections of the First Amendment - The Hill - October 14th, 2024 [October 14th, 2024]
- Florida health department defies First Amendment, threatens to prosecute TV stations for airing abortion rights ad - Foundation for Individual Rights... - October 14th, 2024 [October 14th, 2024]
- Hands Off The ConstitutionNever Mess With The First Amendment - Forbes - October 14th, 2024 [October 14th, 2024]
- TikTok v. Garland Oral Argument: Did TikTok Admit It Doesnt Have First Amendment Rights? - The Federalist Society - October 14th, 2024 [October 14th, 2024]
- Balancing First Amendment Rights and Youth Protection | Age and Access in the Social Media Era - R Street - October 14th, 2024 [October 14th, 2024]
- Are we not all Americans living by our first amendment? - TAPinto.net - October 14th, 2024 [October 14th, 2024]
- 476. Words, Actions, and Liberty: Tara Smith Decodes the First Amendment - Skeptic Magazine - October 14th, 2024 [October 14th, 2024]
- Council approves a nine-day clean zone for the Super Bowl. A First Amendment lawyer says its excessive. - WWNO - October 14th, 2024 [October 14th, 2024]
- Newsoms anti-satire law tries to kill the joke and the First Amendment - The San Diego Union-Tribune - October 14th, 2024 [October 14th, 2024]
- A Sign Of The Times: Bourne Bylaw Change Off STM Warrant Amid First Amendment Concerns - CapeNews.net - October 14th, 2024 [October 14th, 2024]
- Banned Books Week? Try First Amendment Week instead - Thomas B. Fordham Institute - October 7th, 2024 [October 7th, 2024]
- Stephens City mayor addresses heated exchange with First Amendment auditor - Northern Virginia Daily - October 7th, 2024 [October 7th, 2024]
- What the US Supreme Courts next term holds for the First Amendment - Reporters Committee for Freedom of the Press - October 7th, 2024 [October 7th, 2024]
- John Kerry Says First Amendment Is Major Block to Stopping Disinformation, Hopes to Implement Change to That - CBN.com - October 7th, 2024 [October 7th, 2024]
- Can AI regulation survive the First Amendment? - Platformer - October 7th, 2024 [October 7th, 2024]