Do Immigrants Have Freedom of Speech?
6 CALIFORNIA LAW REVIEW CIRCUIT 84
14 Pages Posted: 18 Jun 2015 Last revised: 9 Sep 2015
Date Written: 2015
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
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