[20200312]LSB10419_第一修正案与“鼓励”或“诱导”非法移民.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i The First Amendment and “Encouraging” or “Inducing” Unlawful Immigration March 12, 2020 In United States v. Sineneng-Smith, the Supreme Court is considering the constitutionality of a federal criminal prohibition against encouraging or inducing illegal immigration. The U.S. Court of Appeals for the Ninth Circuit previously held that the law was unconstitutionally overbroad in violation of the First Amendment because the terms “encourage” and “induce” could criminalize a substantial amount of protected speech. The government appealed the decision to the Supreme Court, arguing that the law operates as a prohibition on facilitation and solicitation of unlawful activity and is therefore not overbroad. Sineneng-Smith is potentially important, not only for federal immigration law and how it is enforced, but also more broadly for First Amendment jurisprudence on when Congress can criminalize speech that encourages illegal activity. This Sidebar provides an overview of the case, beginning with background on immigration and free speech law, before turning to the specific issues raised by Sineneng