Download This PaperThe Contested 'Bright Line' of Territorial Presence
20 Pages Posted: 6 Feb 2023 Last revised: 21 Jun 2023
Date Written: November 1, 2022
Abstract
For this symposium on “Immigrants and the First Amendment,” this Essay considers the current scope of First Amendment protection for noncitizens abroad. Courts have interpreted the constitutional rights of noncitizens to vary with factors including status, ties, and location. But in a recent case, Agency for International Development v. Alliance for Open Society International, the Supreme Court announced that the First Amendment simply does not apply to noncitizens abroad. This Essay considers this new rule and its implications, concluding that a bright-line rule based on territorial presence masks more complex questions about the meaning of “here” and “abroad.”
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