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Thursday, March 7, 2024

Throwback Thursday: When Immigrants Converse by Micahel Kagan

Kagan_2016
I really like a Throwback Thursday once I can discover an accompanying throwback photograph. That is Kagan in 2016 courtesy of the UNLV weblog.

At present’s Throwback Thursday function is When Immigrants Converse: The Precarious Standing of Non-Citizen Speech beneath the First Modification by Prof. Michael Kagan (UNLV). 57 B.C. L. Rev. 1237 (2016).

Here is the summary:

Though many unauthorized immigrants have grow to be politically energetic in campaigning for immigration reform, their capability to talk out publicly might rely extra on political discretion than on the constitutional protections that residents usually take as a right. Potential threats to immigrant free speech could also be seen in three areas of regulation. First, the Division of Justice has made a broad declare that immigrants who haven’t been legally admitted to the nation haven’t any First Modification safety in any respect. Second, the Supreme Courtroom has authorised broad prohibitions on non-citizens spending cash on speech that’s associated to electoral campaigns. Third, the Courtroom has indicated that the federal authorities would possibly, in its discretion, act to deport immigrants due to their political actions. The Supreme Courtroom ought to revisit these questions as a result of present case regulation is in stress with different rules of free speech regulation, particularly the prohibition on identity-based speech restrictions as articulated in Residents United v. FEC. Because the Courtroom defined, the First Modification protects the rights of marginalized folks to have a voice and doesn’t permit the federal government to want some audio system over others primarily based on their identification.

I discovered this text very useful this week as I used to be contacted by OU Every day to speak concerning the fears that worldwide college students have relating to talking out on the problems surrounding Palestine. Undoubtedly value a re-read!

-KitJ

https://lawprofessors.typepad.com/immigration/2024/03/throwback-thursday-when-immigrants-speak-by-micahel-kagan.html

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