The Supreme Court on Friday upheld a provision under federal criminal law aimed at punishing people who encourage illegal immigration, ruling that it should not be struck down over free speech concerns.
In a 7-2 opinion written by Justice Amy Coney Barrett, the court overturned a lower court ruling that had found the provision was unconstitutionally overbroad under the First Amendment because it covered too many commonplace statements.
Barrett wrote that the provision, which makes it a felony if someone “encourages or induces” a person to violate federal immigration law, does not prohibit enough speech to justify throwing it out.
