Justices divided on the constitutionality of the federal law that bans “encouraging” immigrants to remain unlawfully in the United States

Justices divided on the constitutionality of the federal law that bans “encouraging” immigrants to remain unlawfully in the United States

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Both oral advocates faced fairly cold receptions on Monday morning in United States v. Hansen when the Supreme Court heard argument on whether 8 U.S.C. § 1324(a)(1)(iv), the federal law that criminalizes “encouraging or inducing” an immigrant to come or remain in the United States unlawfully, violates the First Amendment’s guarantee of freedom of speech.  

The argument also shed more light on the newer justices’ views on the freedom of speech. The newly reconfigured Court appears less strongly … Read the rest