Encouraging Illegal Immigration a Free-Speech Test for Justices

If US Supreme Court watchers get déjà vu during Monday’s arguments over the constitutionality of a law used to punish those who encourage illegal immigration, it’s because the justices have heard this fight before.

The issue was argued in 2020, but a procedural misstep kept the justices from settling it.

The federal government is back again, asking the court to overturn an appellate ruling that struck down the provision for being unconstitutionally overbroad and criminalizing speech protected by the First Amendment.

The Justice Department says it relies on the measure to prosecute migrant smugglers and others who facilitate illegal immigration. ...