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by WalterBright
68 days ago
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Analogies are never perfect. The point remains, however. If you're here on a visa, the visa can be revoked, and you can be ejected. Revoking a visa is not a criminal sanction and not a violation of your rights, as there is no right to a visa. Your citizenship cannot be revoked. |
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These deportations are an interesting study in how this plays out, because historically immigration and, especially, deportations is an area of law where the usual rule pertains. But free speech is the complete opposite, where for the past 100 years courts are much more scrutinizing; indeed, precedent in free speech case law requires explicit, deliberate, and fine-grained application of varying levels of scrutiny in each, individual case, a process which is quite exceptional even in cases involving constitutional powers and rights.
It's worth pointing out that prior to the modern legal era, free speech law was quite different, both nationally and at the state level. Regulations and applications of regulations that incidentally impinged upon speech, but which otherwise clearly derived from legitimate state powers, received very light of any scrutiny. Regulation of commercial activity, for example, usually would not be considered to violate free speech rights even if it prohibited certain speech outright, so long as enforcement was nominally directed at commercial activity per se.