I would be surprised if the First Amendment applied to foreigners applying for a visa. So if some European journalist spouted vile prose about Charlie Kirk's assassination, the US government should be entitled to refuse or revoke a US visum to this person.
A European national living in Europe who is refused a US visa has no path to challenge that refusal in US courts on First Amendment grounds, because of two separate barriers: (1) the "doctrine of consular non-reviewability," which as a rule blocks any judicial review of a consular officer's visa decision, and (2) the fact that a nonresident alien with no prior connection to the US generally has no First Amendment rights that a court would recognize as his to assert against the US government in the first place. Put simply: the US Constitution binds the US government in its relationship to US residents and citizens.
"Congress shall make no law" Congress has no authority to make a law abridging the freedom of speech, of anyone, US citizen or non-citizen. Any law Congress makes which abridges freedom of speech violates the 1st Amendment. You are correct, it may be hard to bring a case. But the law would violate the 1st Amendment.
Who said “ the Constitution is not a suicide pact.”? We face a bottomless wellspring financed global Islamo-Marxist (with domestic insiders) movement designed to prepare activists and lay foundation for terrorist and subversive action.
Can “meme police” not be funded by my taxes?
I would be surprised if the First Amendment applied to foreigners applying for a visa. So if some European journalist spouted vile prose about Charlie Kirk's assassination, the US government should be entitled to refuse or revoke a US visum to this person.
When the US government exercises that power, does that make the US better?
Better in what way? My argument was purely legal as the article implied that the US government has a First Amendment duty to foreigners.
Which words in the 1st Amendment say it doesn't?
A European national living in Europe who is refused a US visa has no path to challenge that refusal in US courts on First Amendment grounds, because of two separate barriers: (1) the "doctrine of consular non-reviewability," which as a rule blocks any judicial review of a consular officer's visa decision, and (2) the fact that a nonresident alien with no prior connection to the US generally has no First Amendment rights that a court would recognize as his to assert against the US government in the first place. Put simply: the US Constitution binds the US government in its relationship to US residents and citizens.
"Congress shall make no law" Congress has no authority to make a law abridging the freedom of speech, of anyone, US citizen or non-citizen. Any law Congress makes which abridges freedom of speech violates the 1st Amendment. You are correct, it may be hard to bring a case. But the law would violate the 1st Amendment.
Looks like no matter where one goes, one lives in trying times.
Who said “ the Constitution is not a suicide pact.”? We face a bottomless wellspring financed global Islamo-Marxist (with domestic insiders) movement designed to prepare activists and lay foundation for terrorist and subversive action.
Hi