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As I understand it, the free speech guarantee in the US only applies to their citizens, doesn't it? edit: I was wrong, it mostly applies to everyone [0] [0] h
by lagadu 6y ago
As I understand it, the free speech guarantee in the US only applies to their citizens, doesn't it?
edit: I was wrong, it mostly applies to everyone [0]
[0] https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1302&context=facpub https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?a...
- da_chicken 6y agoNo. The First Amendment applies to everyone. It applies to American law on American soil, on foreign soil, to citizens, and to non-citizens. There are some exceptions, particularly for illegal immigrants, but in general foreign nationals have the same Constitutional rights as American citizens. It's not even hard to find legal scholar opinions stating such: https://victormalcalaw.com/do-non-citizens-have-constitutional-rights/ https://victormalcalaw.com/do-non-citizens-have-constitution... https://www.learnliberty.org/blog/t-he-constitutional-rights-of-noncitizens/ https://www.learnliberty.org/blog/t-he-constitutional-rights... Guantanamo Bay being a violation of due process and habeus corpus is one of the big problems with it. The problem is that it's excruciatingly difficult to have standing and jurisdiction in these cases, which is one of the ways the government skirts accountability. Edit: I replied before your edit; I will leave this comment as-is, however.