DOJ must not investigate elected officials for criticizing immigration enforcement

The following statement can be attributed to FIRE's Director of Public Advocacy Aaron Terr:

The Department of Justice is reportedly investigating elected officials for criticizing the administration’s immigration enforcement operations. If this is the basis for the investigation, it is blatantly unconstitutional and intolerable in a free society. The right to condemn government action without fear of government punishment is the foundation of the First Amendment. 

This would not be the first time the administration has used boundless, imaginary definitions of “obstruction” or “incitement” that have no basis in the law and run headlong into constitutional limits. The few exceptions to the First Amendment are defined by narrow, exacting standards for a reason: to prevent the government from wielding its power to squash dissent. 

If criticism of government policy can be rebranded as a crime, then constitutional protections become meaningless and the government becomes unaccountable. That is precisely the danger the First Amendment is meant to prevent, and it is a line no administration may cross.