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> The idea that the first amendment disallows vetting of non-citizens is unfortunately not tenable

Yeah, I keep hearing people say this kind of thing, or that the first amendment only protects US citizens. But ... where does that come from?

I thought SCOTUS was supposed to have been jammed with conservative "textualist" justices, and the amendment states "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Nowhere does this mention citizenship. Nowhere does it say it can regulate speech outside or at our borders.

Now, from just the text I could imagine someone trying to claim that the Executive is not bound by the first amendment which specifically says "Congress shall make no law" ...




> I keep hearing people say this kind of thing, or that the first amendment only protects US citizens. But ... where does that come from?

A couple of places to start are Kleindienst v. Mandel (1972) and United States v. Verdugo-Urquidez (1990).


But the executive is supposed to implement laws that Congress passed. So isn't the executive bound by the first amendment as well?


> from just the text I could imagine someone trying to claim that the Executive is not bound by the first amendment which specifically says "Congress shall make no law"

https://en.wikipedia.org/wiki/Unitary_executive_theory




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