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>Finally, the Order contemplates deporting and otherwise denying immigration benefits to aliens who desecrate the flag, "under circumstances that permit the exe

>Finally, the Order contemplates deporting and otherwise denying immigration benefits to aliens who desecrate the flag, "under circumstances that permit the exercise of such remedies pursuant to Federal law." Whether deportation of aliens based on their speech is constitutional is unsettled. I wouldn't be the first person to note that this executive orders seems like it's a distraction tactic for something else, but this part makes me wonder if the distraction tactic is right there on the face of the thing. Perhaps there's an attempt here to give the administration another "tool in the box" for stepping up immigration enforcement actions.

huvkste 1y ago
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IAmBroom 1y ago
> Whether deportation of aliens based on their speech is constitutional is unsettled. Is it? That would suprise me. The First Amendment does not mention citizenship: "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 the Government for a redress of grievances." If free speech of aliens were not protected, neither would their practice of religion. "Americans can be Catholics, but we won't let any non-American Catholics in. We have enough of them."
- pcaharrier 1y ago
  > Is it? Yes: https://reason.com/volokh/2025/02/03/may-aliens-be-deported-based-on-their-speech/ https://reason.com/volokh/2025/02/03/may-aliens-be-deported-... He's talking about the current state of the law on that point (i.e., deportation specifically).
pcaharrier 1y ago
I'm in good company in making this observation, it seems: https://reason.com/volokh/2025/08/26/trumps-flag-burning-executive-order/ https://reason.com/volokh/2025/08/26/trumps-flag-burning-exe.... "The executive order does not create any new bases for deporting a foreign national, but the order does potentially move flag burners to the front of the line in deportation cases."

huvkste 1y ago

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IAmBroom 1y ago

> Whether deportation of aliens based on their speech is constitutional is unsettled. Is it? That would suprise me. The First Amendment does not mention citizenship: "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 the Government for a redress of grievances." If free speech of aliens were not protected, neither would their practice of religion. "Americans can be Catholics, but we won't let any non-American Catholics in. We have enough of them."

pcaharrier 1y ago
> Is it? Yes: https://reason.com/volokh/2025/02/03/may-aliens-be-deported-based-on-their-speech/ https://reason.com/volokh/2025/02/03/may-aliens-be-deported-... He's talking about the current state of the law on that point (i.e., deportation specifically).

pcaharrier 1y ago

I'm in good company in making this observation, it seems: https://reason.com/volokh/2025/08/26/trumps-flag-burning-executive-order/ https://reason.com/volokh/2025/08/26/trumps-flag-burning-exe.... "The executive order does not create any new bases for deporting a foreign national, but the order does potentially move flag burners to the front of the line in deportation cases."