3 ms·

The 1st amendment covers "US persons." A US Person is a term of art broader than a citizen. OTOH since this is for a visa review that a non citizen wouldn't nee

The 1st amendment covers "US persons." A US Person is a term of art broader than a citizen. OTOH since this is for a visa review that a non citizen wouldn't need I don't see where it comes into play.

JumpCrisscross 1y ago
> 1st amendment covers "US person” Read textually, it covers “the people...of the United States" [1][2]. The courts have interpreted this to mean people physically within the United States, with some ambiguity at the borders. [1] https://constitution.congress.gov/constitution/preamble/ https://constitution.congress.gov/constitution/preamble/ [2] https://constitution.congress.gov/constitution/amendment-1/ https://constitution.congress.gov/constitution/amendment-1/
- breppp 1y ago
  If you want to be overly semantic it only talks about freedom of assembly for the "people", which as you defined above might refer to "the people of the united states" Also, going through social account history is not only for reasons of oppressing freedom of speech. Presumably you might want to reject visa applications from someone who threatens others with murder
  - alephnerd 1y ago
    > If you want to be overly semantic That's how the law works in the US, due to the textualist nature of our jurisprudence.
- relaxing 1y ago
  No, the preamble to the constitution is not law, and it does not set boundaries for the rest of the document.
  - JumpCrisscross 1y ago
    > the preamble to the constitution is not law, and it does not set boundaries for the rest of the document Sort of [1]. (“We the people” has specific case law.) [1] https://constitution.congress.gov/browse/essay/pre-3/ALDE_00001235/ https://constitution.congress.gov/browse/essay/pre-3/ALDE_00...
donnachangstein 1y ago
"US Person" has a very specific definition in government parlance. It includes citizens and green card holders, a few very specific exceptions like those granted permanent asylum, but NOT visa holders.
- 8note 1y ago
  you could challenge it by saying youve touched US dollars, and therefore theres a US nexus where US law, and thus the constitution, applies

The 1st amendment covers "US persons." A US Person is a term of art broader than a citizen. OTOH since this is for a visa review that a non citizen wouldn't need I don't see where it comes into play.

JumpCrisscross 1y ago

> 1st amendment covers "US person” Read textually, it covers “the people...of the United States" [1][2]. The courts have interpreted this to mean people physically within the United States, with some ambiguity at the borders. [1] https://constitution.congress.gov/constitution/preamble/ https://constitution.congress.gov/constitution/preamble/ [2] https://constitution.congress.gov/constitution/amendment-1/ https://constitution.congress.gov/constitution/amendment-1/

breppp 1y ago
If you want to be overly semantic it only talks about freedom of assembly for the "people", which as you defined above might refer to "the people of the united states" Also, going through social account history is not only for reasons of oppressing freedom of speech. Presumably you might want to reject visa applications from someone who threatens others with murder
- alephnerd 1y ago
  > If you want to be overly semantic That's how the law works in the US, due to the textualist nature of our jurisprudence.
relaxing 1y ago
No, the preamble to the constitution is not law, and it does not set boundaries for the rest of the document.
- JumpCrisscross 1y ago
  > the preamble to the constitution is not law, and it does not set boundaries for the rest of the document Sort of [1]. (“We the people” has specific case law.) [1] https://constitution.congress.gov/browse/essay/pre-3/ALDE_00001235/ https://constitution.congress.gov/browse/essay/pre-3/ALDE_00...

donnachangstein 1y ago

"US Person" has a very specific definition in government parlance. It includes citizens and green card holders, a few very specific exceptions like those granted permanent asylum, but NOT visa holders.

8note 1y ago
you could challenge it by saying youve touched US dollars, and therefore theres a US nexus where US law, and thus the constitution, applies