Reply to resident aliens and first amendment

Forum Index » Political Discussion

Reply to "resident aliens and first amendment"

Subject:

Emoticons





More smilies

Text Color: Font: Close Marks

[quote=Anonymous][quote=Anonymous][quote=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. 
[/quote]

“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.[/quote]

Trump's visa revocations and deportations of students is expressly designed to chill speech [u]and has done so[/u].  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.[/quote]

Options

	Disable HTML in this message
	Disable BB Code in this message
	Disable smilies in this message

Review message

Search Recent Topics Hottest Topics