Sanctuary Policies and Free Speech on CNN

During a recent episode of “The Source” on CNN, legal analyst Ellie Honig expressed that while sanctuary policies are problematic, they aren’t illegal. In her view, the Justice Department’s inquiry into elected officials who make statements aimed at protecting First Amendment rights is “outrageous.”

Host Kaitlan Collins raised an important point about whether comments made by Mayor Frey and Governor Walz could be considered as obstructing law enforcement. Honig firmly disagreed, stating, “Absolutely not. This is political speech, which is fundamentally protected by the First Amendment. Regardless of how polarizing or controversial the speech might be, we need to distinguish between public protest and a response to crises like 9/11.” She maintained that if officials were to face obstruction charges, they’d likely lose, and added that the Department of Justice seems to be acting irrationally lately. With the recent shooting of Renee Good, there is an apparent need for investigation, yet three days prior, Todd Blanche stated there was no crime and, thus, no investigation would take place. Honig concluded that what they’re addressing involves speech protected by the First Amendment.

Collins then inquired about the implications of statements from Minneapolis officials regarding not jailing federal officers in this context and whether it might warrant an investigation. Honig replied, “I’m glad to hear that. Personally, I’m against sanctuary cities. From my experience in New Jersey, I believe such policies can be counterproductive. When state officials refuse to share information or make arrests, I view that as poor policy, but it’s not criminal. States aren’t obligated to cooperate with sanctuary cities. Federal authorities may choose not to intervene, but they don’t have to ensure cooperation either. So, declining to share information is permissible, and there’s a significant difference there.”