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Freedom Forum
freedomforum.org › home › are non-citizens protected by the first amendment?
Are Non-Citizens Protected by the First Amendment?
January 29, 2024 - Petition: A refugee from Haiti may ask the government to extend the length of their temporary protected status and to make it easier for other groups to get TPS and simplify the process for citizenship. The Constitution does not specify whether the First Amendment applies only to citizens.
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Free Speech Center
firstamendment.mtsu.edu › home › articles › topic › issues › issues related to speech, press, assembly, or petition › first amendment rights of non-citizens, aliens
First Amendment Rights of Non-Citizens, Aliens | The First Amendment Encyclopedia
August 10, 2023 - Supreme Court precedents hold that aliens are entitled to lesser First Amendment protections while seeking to enter the United States, because an alien has no right to enter the country, as per United States ex rel.
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Cato
cato.org › blog › us-citizens-dont-have-first-amendment-rights-noncitizens-dont
US Citizens Don't Have First Amendment Rights If ...
Promoting an American public policy based on individual liberty, limited government, free markets and peaceful international relations.
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Georgetown
scholarship.law.georgetown.edu › cgi › viewcontent.cgi pdf
Georgetown
The repository is a service of the Georgetown University Law Center libraries. Research and scholarly output included here has been selected and deposited by the individual university departments and centers on campus · Top 10 DownloadsAll time Recent Additions20 most recent additionsActivity ...

1805 amendment limiting government restriction of civil rights

Amendments 1-10 to the Constitution of the United States constitute what is known as the Bill of Rights.
The United States Supreme Court building, Washington, D.C.
the founding of maryland
the first church of christ scientist boston october 1974 2
In Valentine v. Chrestensen (1942), ... and business advertising matter", ruling the First Amendment protection of free speech did not include commercial speech. In Virginia State Pharmacy Board v. Virginia Citizens Consumer … Wikipedia

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Country United States
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Wikipedia
en.wikipedia.org › wiki › First_Amendment_to_the_United_States_Constitution
First Amendment to the United States Constitution - Wikipedia
4 days ago - In Valentine v. Chrestensen (1942), ... and business advertising matter", ruling the First Amendment protection of free speech did not include commercial speech. In Virginia State Pharmacy Board v. Virginia Citizens Consumer Council (1976), the Court overturned Valentine and ...
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The White House
whitehouse.gov › home › news › presidential actions › protecting the meaning and value of american citizenship
Protecting The Meaning And Value Of American Citizenship – The White House
January 21, 2025 - The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not “subject to the jurisdiction thereof.” Consistent with this understanding, the Congress has further specified through legislation that “a person born in the United ...
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Quora
quora.com › Why-would-foreigners-have-the-same-1st-amendment-rights-as-American-citizens
Why would foreigners have the same 1st amendment rights as American citizens? - Quora
Answer (1 of 24): Because of the words of First Amendment. It says: 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...
Find elsewhere
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Uga
digitalcommons.law.uga.edu › cgi › viewcontent.cgi pdf
Uga
Welcome to the institutional repository of the University of Georgia School of Law. The repository is designed to capture the intellectual output of the School of Law and preserve its institutional history. The repository is a service of the Alexander Campbell King Law Library.
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Congress
constitution.congress.gov › constitution › amendment-14
U.S. Constitution - Fourteenth Amendment | Resources | Constitution Annotated | Congress.gov | Library of Congress
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
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Knightcolumbia
knightcolumbia.org › blog › ice-acknowledges-first-amendment-limits-on-its-power-to-remove-foreign-nationals-1
ICE Acknowledges First Amendment Limits on Its Power to Remove Foreign Nationals | Knight First Amendment Institute
ICE’s memo titled Constitutional ... that non-U.S. persons in the United States have due process rights and “can invoke protections under the First Amendment and the Equal Protection Clause.”...
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Reddit
reddit.com › r/askanamerican › does the 1st amendment apply to us citizens only or anyone in the us?
r/AskAnAmerican on Reddit: Does the 1st amendment apply to US citizens only or anyone in the US?

Yes, everyone in America is protected under the First Amendment. Once you leave the country you’re no longer protected. However, if you’re visiting here and say shit about say Myanmar, you’re not going to be protected after you leave the country. So in a way there still might be an informal form of self censureship if you’re not an American citizen. There’s also things that you can legally say that you shouldn’t. Like never use the N word if you’re not black. It might be legal to say, but you’re going to piss a lot of people off. Not being from America those unwritten rules might not be so clear.

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PBS News
pbs.org › newshour › politics › what-constitutional-rights-do-undocumented-immigrants-have
What constitutional rights do undocumented immigrants have? | PBS News
June 25, 2018 - The administration’s “zero-tolerance” immigration policy and the recent surge in family separations at the border -- a practice President Donald Trump ended through executive order -- has called attention to the legal rights of immigrants under U.S. law.
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Constitutioncenter
constitutioncenter.org › the-constitution › amendments › amendment-xiv
14th Amendment - Citizenship Rights, Equal Protection, Apportionment, Civil War Debt | Constitution Center
SECTION. 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United ...
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Stack Exchange
law.stackexchange.com › questions › 45871 › does-the-part-of-the-first-amendment-about-free-speech-apply-to-non-citizens-eve
constitutional law - Does the part of the First Amendment about Free Speech apply to non citizens everywhere? - Law Stack Exchange

Speech of foreign nationals is not treated the same as that of citizens.

In the case Buckley v. Valeo, 424 U.S. 1, the Supreme Court rules on the constitutionality of various statutory limits on campaign spending. Some parts of the law were upheld, others were overturned in 1st Amendment grounds. They upheld limits on contributions to candidates and volunteers' incidental expenses, and overturned limits on expenditures. In the decision, the court observed that

[n]either the right to associate nor the right to participate in political activities is absolute

and

"governmental 'action which may have the effect of curtailing the freedom to associate is subject to the closest scrutiny'"

The court stated that

Even a 'significant interference with protected rights of political association' may be sustained if the State demonstrates a sufficiently important interest and employs means closely drawn to avoid unnecessary abridgment of associational freedoms.

This is reasonably-standard strict scrutiny boilerplate language: what it remind you is that no Constitutionally-protected right is absolute, and all rights are subject to limitation, when that right conflicts with a compelling government interest. In the case of the federal contribution laws, that interest

is the prevention of corruption and the appearance of corruption spawned by the real or imagined coercive influence of large financial contributions on candidates' positions and on their actions if elected to office.

The court then found that

under the rigorous standard of review established by our prior decisions, the weighty interests served by restricting the size of financial contributions to political candidates are sufficient to justify the limited effect upon First Amendment freedoms caused by the $1,000 contribution ceiling.

52 USC 30121 imposes a prohibition which, if placed on US persons, would be held to violate the 1st Amendment. That law prohibits, among others,

a contribution or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with a Federal, State, or local election

by "a foreign national", defined to not include lawful permanent residents but otherwise includes all foreign citizens and entities. The constitutionality of this law was challenged on First Amendment grounds but affirmed in Bluman v. Fed. Election Comm'n, 800 F. Supp. 2d 281 (written by Kavanaugh in his previous job), and upheld in a one-sentence affirmation by SCOTUS. So, 1st Amendment rights of foreign nationals are not protected to the same extent as those of US citizens.

It should be noted that the court also (expressly) did not decide if Congress could also constitutionally ban contributions by LPRs, or could prohibit foreign nationals from engaging in other forms of speech (issue advocacy and speaking on issues of public policy) – that matter was left undecided.

Answer from user6726 on law.stackexchange.com
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Lawyers
legal-info.lawyers.com › criminal › do-immigrants-have-free-speech-rights.html
Do All Immigrants Have Free Speech Rights?
May 17, 2017 - Most U.S. residents are entitled to freedom of expression, regardless of their citizenship status, but deportation is still a risk.
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Unlv
scholars.law.unlv.edu › facpub › 918
"Do Immigrants Have Freedom of Speech?" by Michael Kagan
The Department of Justice recently argued that immigrants who have not been legally admitted to the United States have no right to claim protections under the First Amendment. If the DOJ argument is right, then most of the 11 million unauthorized immigrants in the U.S. could be censored or ...
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National Archives
archives.gov › milestone-documents › 14th-amendment
14th Amendment to the U.S. Constitution: Civil Rights (1868) | National Archives
March 6, 2024 - EnlargeDownload Link Citation: The House Joint Resolution Proposing the 14th Amendment to the Constitution, June 16, 1866; Enrolled Acts and Resolutions of Congress, 1789-1999; General Records of the United States Government; Record Group 11; National Archives.