resident aliens and first amendment

[Anonymous]

American Association of University Professors v. Rubio (D. Mass.)

Has survived the government's motion to dismiss related to the 1st amendment (5th amendment claims are dismissed). This relates directly to the actions taken against foreign students and academics who have voiced pro-Palestine opinions. Contrary to what a lot of people seem to think, there are 1st amendment rights for non-citizens. Hard to grasp, I know.

[Anonymous]

Anonymous wrote:American Association of University Professors v. Rubio (D. Mass.)

Has survived the government's motion to dismiss related to the 1st amendment (5th amendment claims are dismissed). This relates directly to the actions taken against foreign students and academics who have voiced pro-Palestine opinions. Contrary to what a lot of people seem to think, there are 1st amendment rights for non-citizens. Hard to grasp, I know.

Yes they have a right to voice their opinions. And as democrats loved spouting since 2016, using your right to free speech doesn’t absolve you of the consequences of that action. The government will not imprison anyone over speech, but it can have a noncitizen’s visa revoked.

No foreign national has an absolute right to be present in the US.

[Anonymous]

Anonymous wrote:

Anonymous wrote:American Association of University Professors v. Rubio (D. Mass.)

Has survived the government's motion to dismiss related to the 1st amendment (5th amendment claims are dismissed). This relates directly to the actions taken against foreign students and academics who have voiced pro-Palestine opinions. Contrary to what a lot of people seem to think, there are 1st amendment rights for non-citizens. Hard to grasp, I know.

Yes they have a right to voice their opinions. And as democrats loved spouting since 2016, using your right to free speech doesn’t absolve you of the consequences of that action. The government will not imprison anyone over speech, but it can have a noncitizen’s visa revoked.

No foreign national has an absolute right to be present in the US.

This is correct. If your exercise of Free Speech violates one of the conditions of your visa or permanent residency status, those can be revoked.

[Anonymous]

Anonymous wrote:American Association of University Professors v. Rubio (D. Mass.)

Has survived the government's motion to dismiss related to the 1st amendment (5th amendment claims are dismissed). This relates directly to the actions taken against foreign students and academics who have voiced pro-Palestine opinions. Contrary to what a lot of people seem to think, there are 1st amendment rights for non-citizens. Hard to grasp, I know.

“Survived the government’s motion to dismiss” is a low bar. Will be interesting to see what happens if/when we get a ruling on the merits.

Seems pretty clear to me that holding will be that government can deport noncitizens for mere speech in some cases. For example, noncitizens burning the flag and shouting “death to America”? I’m confident that courts would rule that deportation is permissible.

Only question is whether the courts impose any limits on this power.

[Anonymous]

Anonymous wrote:

Anonymous wrote:American Association of University Professors v. Rubio (D. Mass.)

Has survived the government's motion to dismiss related to the 1st amendment (5th amendment claims are dismissed). This relates directly to the actions taken against foreign students and academics who have voiced pro-Palestine opinions. Contrary to what a lot of people seem to think, there are 1st amendment rights for non-citizens. Hard to grasp, I know.

“Survived the government’s motion to dismiss” is a low bar. Will be interesting to see what happens if/when we get a ruling on the merits.

Seems pretty clear to me that holding will be that government can deport noncitizens for mere speech in some cases. For example, noncitizens burning the flag and shouting “death to America”? I’m confident that courts would rule that deportation is permissible.

Only question is whether the courts impose any limits on this power.

Trump's visa revocations and deportations of students is expressly designed to chill speech and has done so. That is a violation of the First Amendment. No one is saying "death to America", so we don't need to get to that. (And ftr, neither Israel nor Palestine are America so protesting one or the other has nothing to do with the US.)

Will this lawsuit go anywhere? Not sure, it's a novel legal argument with novel standing issues. There have been a lot of other novel legal theories recently, so this one is less implausible now than it would have been on January 19, 2025. Trump is making lots of new law, although maybe not new law that he would have wanted.

[Anonymous]

Anonymous wrote:

Anonymous wrote:American Association of University Professors v. Rubio (D. Mass.)

Has survived the government's motion to dismiss related to the 1st amendment (5th amendment claims are dismissed). This relates directly to the actions taken against foreign students and academics who have voiced pro-Palestine opinions. Contrary to what a lot of people seem to think, there are 1st amendment rights for non-citizens. Hard to grasp, I know.

Yes they have a right to voice their opinions. And as democrats loved spouting since 2016, using your right to free speech doesn’t absolve you of the consequences of that action. The government will not imprison anyone over speech, but it can have a noncitizen’s visa revoked.

No foreign national has an absolute right to be present in the US.

The whole point of the First Amendment is those consequences can’t come from the government.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:American Association of University Professors v. Rubio (D. Mass.)

Has survived the government's motion to dismiss related to the 1st amendment (5th amendment claims are dismissed). This relates directly to the actions taken against foreign students and academics who have voiced pro-Palestine opinions. Contrary to what a lot of people seem to think, there are 1st amendment rights for non-citizens. Hard to grasp, I know.

Yes they have a right to voice their opinions. And as democrats loved spouting since 2016, using your right to free speech doesn’t absolve you of the consequences of that action. The government will not imprison anyone over speech, but it can have a noncitizen’s visa revoked.

No foreign national has an absolute right to be present in the US.

This is correct. If your exercise of Free Speech violates one of the conditions of your visa or permanent residency status, those can be revoked.

Where does it say in visa or permanent status regulations that exercising free speech is a basis on which to revoke that status? Please link to that language. Thank you.

[Anonymous]

Let's just drop the pretense that Trump's deportation of visa holders who voiced their disgust about the wholesale slaughter of Palestinians has anything to do with free speech. This is about forcing Netanyahu's extreme Zionism on America.

[Anonymous]

Anonymous wrote:

Anonymous wrote:American Association of University Professors v. Rubio (D. Mass.)

Has survived the government's motion to dismiss related to the 1st amendment (5th amendment claims are dismissed). This relates directly to the actions taken against foreign students and academics who have voiced pro-Palestine opinions. Contrary to what a lot of people seem to think, there are 1st amendment rights for non-citizens. Hard to grasp, I know.

Yes they have a right to voice their opinions. And as democrats loved spouting since 2016, using your right to free speech doesn’t absolve you of the consequences of that action. The government will not imprison anyone over speech, but it can have a noncitizen’s visa revoked.

No foreign national has an absolute right to be present in the US.

Comments like the above just show how MAGA doesn’t understand the basic concepts and ideas that we are discussing in the first place. The first amendment is clear. Government cannot “prohibit” or “abridge” free speech. Period. Trump is counting on the stupidity of the American people and it seems like the people are really going to give it to him.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:American Association of University Professors v. Rubio (D. Mass.)

Has survived the government's motion to dismiss related to the 1st amendment (5th amendment claims are dismissed). This relates directly to the actions taken against foreign students and academics who have voiced pro-Palestine opinions. Contrary to what a lot of people seem to think, there are 1st amendment rights for non-citizens. Hard to grasp, I know.

Yes they have a right to voice their opinions. And as democrats loved spouting since 2016, using your right to free speech doesn’t absolve you of the consequences of that action. The government will not imprison anyone over speech, but it can have a noncitizen’s visa revoked.

No foreign national has an absolute right to be present in the US.

This is correct. If your exercise of Free Speech violates one of the conditions of your visa or permanent residency status, those can be revoked.

Where does it say in visa or permanent status regulations that exercising free speech is a basis on which to revoke that status? Please link to that language. Thank you.

The Immigration and Nationality Act allows the denial or revocation of a visa of ‘any alien who . . . endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization."

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:American Association of University Professors v. Rubio (D. Mass.)

Has survived the government's motion to dismiss related to the 1st amendment (5th amendment claims are dismissed). This relates directly to the actions taken against foreign students and academics who have voiced pro-Palestine opinions. Contrary to what a lot of people seem to think, there are 1st amendment rights for non-citizens. Hard to grasp, I know.

Yes they have a right to voice their opinions. And as democrats loved spouting since 2016, using your right to free speech doesn’t absolve you of the consequences of that action. The government will not imprison anyone over speech, but it can have a noncitizen’s visa revoked.

No foreign national has an absolute right to be present in the US.

This is correct. If your exercise of Free Speech violates one of the conditions of your visa or permanent residency status, those can be revoked.

Where does it say in visa or permanent status regulations that exercising free speech is a basis on which to revoke that status? Please link to that language. Thank you.

The Immigration and Nationality Act allows the denial or revocation of a visa of ‘any alien who . . . endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization."

So, in your mind, protest of any kind = "terrorism"? Because the Turkish PhD student who is still being held in captivity in a Louisiana jail 1+ months after being abducted off the street, did not commit terrorism. She co-authored an op-ed--along with three other individuals--which did not contain any anti-semitic language but instead was focused on human rights. If an op-ed is enough to get anyone, including a visitor to this country, imprisoned then, Houston, we have a problem.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:American Association of University Professors v. Rubio (D. Mass.)

Has survived the government's motion to dismiss related to the 1st amendment (5th amendment claims are dismissed). This relates directly to the actions taken against foreign students and academics who have voiced pro-Palestine opinions. Contrary to what a lot of people seem to think, there are 1st amendment rights for non-citizens. Hard to grasp, I know.

Yes they have a right to voice their opinions. And as democrats loved spouting since 2016, using your right to free speech doesn’t absolve you of the consequences of that action. The government will not imprison anyone over speech, but it can have a noncitizen’s visa revoked.

No foreign national has an absolute right to be present in the US.

This is correct. If your exercise of Free Speech violates one of the conditions of your visa or permanent residency status, those can be revoked.

Where does it say in visa or permanent status regulations that exercising free speech is a basis on which to revoke that status? Please link to that language. Thank you.

The Immigration and Nationality Act allows the denial or revocation of a visa of ‘any alien who . . . endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization."

So, in your mind, protest of any kind = "terrorism"? Because the Turkish PhD student who is still being held in captivity in a Louisiana jail 1+ months after being abducted off the street, did not commit terrorism. She co-authored an op-ed--along with three other individuals--which did not contain any anti-semitic language but instead was focused on human rights. If an op-ed is enough to get anyone, including a visitor to this country, imprisoned then, Houston, we have a problem.

Yes, "of any kind", as long as it includes all foreign jihadist and sympathizers that should be sufficient.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:American Association of University Professors v. Rubio (D. Mass.)

Has survived the government's motion to dismiss related to the 1st amendment (5th amendment claims are dismissed). This relates directly to the actions taken against foreign students and academics who have voiced pro-Palestine opinions. Contrary to what a lot of people seem to think, there are 1st amendment rights for non-citizens. Hard to grasp, I know.

Yes they have a right to voice their opinions. And as democrats loved spouting since 2016, using your right to free speech doesn’t absolve you of the consequences of that action. The government will not imprison anyone over speech, but it can have a noncitizen’s visa revoked.

No foreign national has an absolute right to be present in the US.

This is correct. If your exercise of Free Speech violates one of the conditions of your visa or permanent residency status, those can be revoked.

Where does it say in visa or permanent status regulations that exercising free speech is a basis on which to revoke that status? Please link to that language. Thank you.

The Immigration and Nationality Act allows the denial or revocation of a visa of ‘any alien who . . . endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization."

So, in your mind, protest of any kind = "terrorism"? Because the Turkish PhD student who is still being held in captivity in a Louisiana jail 1+ months after being abducted off the street, did not commit terrorism. She co-authored an op-ed--along with three other individuals--which did not contain any anti-semitic language but instead was focused on human rights. If an op-ed is enough to get anyone, including a visitor to this country, imprisoned then, Houston, we have a problem.

Yes, "of any kind", as long as it includes all foreign jihadist and sympathizers that should be sufficient.

I am an American citizen. I believe that what Israel is doing to Palestinians in Gaza is genocide. Am I a "jihadist" or a "sympathizer'? Are you going to report me to someone?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:American Association of University Professors v. Rubio (D. Mass.)

Has survived the government's motion to dismiss related to the 1st amendment (5th amendment claims are dismissed). This relates directly to the actions taken against foreign students and academics who have voiced pro-Palestine opinions. Contrary to what a lot of people seem to think, there are 1st amendment rights for non-citizens. Hard to grasp, I know.

Yes they have a right to voice their opinions. And as democrats loved spouting since 2016, using your right to free speech doesn’t absolve you of the consequences of that action. The government will not imprison anyone over speech, but it can have a noncitizen’s visa revoked.

No foreign national has an absolute right to be present in the US.

Comments like the above just show how MAGA doesn’t understand the basic concepts and ideas that we are discussing in the first place. The first amendment is clear. Government cannot “prohibit” or “abridge” free speech. Period. Trump is counting on the stupidity of the American people and it seems like the people are really going to give it to him.

They are free to say anything they want.

And the US government is allowed to revoke their visa if that speech is seen as a violation of their visa’s rules.

I get it. Foreign nationals have been allowed into this country and permitted to run wild forgetting they are guests here.

But that is coming to an end. Respect your host country, don’t break any laws, if you don’t agree with the government leave and protest it in your native country. It is very simple.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:American Association of University Professors v. Rubio (D. Mass.)

Has survived the government's motion to dismiss related to the 1st amendment (5th amendment claims are dismissed). This relates directly to the actions taken against foreign students and academics who have voiced pro-Palestine opinions. Contrary to what a lot of people seem to think, there are 1st amendment rights for non-citizens. Hard to grasp, I know.

Yes they have a right to voice their opinions. And as democrats loved spouting since 2016, using your right to free speech doesn’t absolve you of the consequences of that action. The government will not imprison anyone over speech, but it can have a noncitizen’s visa revoked.

No foreign national has an absolute right to be present in the US.

Comments like the above just show how MAGA doesn’t understand the basic concepts and ideas that we are discussing in the first place. The first amendment is clear. Government cannot “prohibit” or “abridge” free speech. Period. Trump is counting on the stupidity of the American people and it seems like the people are really going to give it to him.

They are free to say anything they want.

And the US government is allowed to revoke their visa if that speech is seen as a violation of their visa’s rules.

I get it. Foreign nationals have been allowed into this country and permitted to run wild forgetting they are guests here.

But that is coming to an end. Respect your host country, don’t break any laws, if you don’t agree with the government leave and protest it in your native country. It is very simple.

Once again, guests to this country are covered by the same First Amendment rights to free speech as US citizens. Let's review, shall we:

Non-citizens in the U.S., including undocumented immigrants, are protected by the First Amendment to the Constitution. This includes the rights to:

Free speech
Freedom of religion
Freedom of the press
Peaceful assembly
Petitioning the government

The U.S. Supreme Court has consistently held that these rights apply to "all persons" on U.S. soil—not just citizens—regardless of immigration status.