WASHINGTON - s4story -- Apps designed to alert those at risk of deportation about the location of federal immigration enforcement agents [ICE] at work appears to be legal, but the Trump administration might try to shut it down, and any harm caused by the app could also give rise to civil law suits, says public interest law professor John Banzhaf, who has won several important cases involving protected speech under the First Amendment.

Court decisions which has addressed a closely related issue - using signs or flashing headlights to warn about police traffic speed enforcement (radar) - have generally upheld this practice as free speech protected by the First Amendment, especially because of arguments that such warnings benefit the public by warning drivers to slow down.
But this line of cases, and the argument that warning of law enforcement activity constitutes protected speech, would not necessarily prevent - or even deter - the Trump administration from trying to shut it down by bringing (or even threatening to bring) a criminal action.

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Prosecutors can argue that this situation is different from the speed enforcement cases because, unlike with speeding motorists, the warning can't encourage the recipients to obey they law; all they can do is flee or hide from ICE enforcement.

Also, the very name of the app makes it clear that the intent of those operating it is to "block" ICE and its agents from performing presumably-legal law enforcement activity.

If the Trump administration brings a legal action against the person operating the app, or even threatens to bring one, it can have a powerful deterrent effect, even if the case is weak, says Banzhaf, noting that large, powerful, and well represented universities and even law firms have reportedly "caved in" to many demands of the Trump administration, despite their size and resources.

He also notes that it would be easy for members of organizations which favor deportation of illegal immigrants to flood the app with false reports, either by the action of many individuals, or even by bots.

http://banzhaf.net/   jbanzhaf3ATgmail.com  @profbanzhaf