Do Immigrants Have Freedom of Speech?

14 Pages Posted: 18 Jun 2015 Last revised: 9 Sep 2015

See all articles by Michael Kagan

Michael Kagan

University of Nevada, Las Vegas, William S. Boyd School of Law

Date Written: 2015

Abstract

The Department of Justice (DOJ) recently argued that immigrants who have not been legally admitted to the United States have no right to claim protections under the First Amendment. This Essay explores the complicated and conflicted case law governing immigrants’ free speech rights, and argues that, contrary to the DOJ position, all people in the United States are protected by the First Amendment. Moreover, it argues that for reasons that have not been widely appreciated, Citizens United v. FEC offers significant doctrinal support for immigrant speech rights because it articulates a strong rule against speech discrimination based on identity rather than content.

Keywords: immigration, freedom of speech, First Amendment, Citizens United, speech discrimination

Suggested Citation

Kagan, Michael, Do Immigrants Have Freedom of Speech? (2015). 6 CALIFORNIA LAW REVIEW CIRCUIT 84 ; UNLV William S. Boyd School of Law Legal Studies Research Paper. Available at SSRN: https://ssrn.com/abstract=2619882

Michael Kagan (Contact Author)

University of Nevada, Las Vegas, William S. Boyd School of Law ( email )

4505 South Maryland Parkway
Box 451003
Las Vegas, NV 89154
United States

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