fucktoyprincess
Posts: 2337
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quote:
ORIGINAL: vincentML quote:
So the specific thing the court decided was the narrow issue of whether the First Amendment gave the appellees the right to force the Attorney General to admit someone into the country and the court stated that the Attorney General is not required to allow someone to enter the country when the Attorney General has a legitimate reason (in this case the violation of the visa requirements during the second visit). Kudos to you, FT Princess, for a thorough explanation of Kleindienst v Mandel. It is much appreciated that you took the time to go through it and explain it. I am not surprised the Court refused to extend the Attorney General's authority. The Court often gives very narrow rulings. So neither Mandel's Belgian Marxist nor Tommy Robinson were denied entry for any substantial reason, and the AG has authority to find some secondary excuse for denying entry. It is a slippery slope that reminds me of AG Palmer's Red Scare tactics of illegal search, midnight raids, and deportations in fear of anarchists, Bolsheviks and the politicalization of Labor in the USA after 1917. I would have been happier if the Court applied an "imminent danger" standard to the AG's power to deny entry, similar to the "yelling fire in a crowded theatre" proviso of the First Amendment Free Speech. The United States Government has a history of prosecuting conspiracies rather than hard preparations for terrorists actions. Have a look at the case of Jose Padilla as an example. A citizen can be prosecuted for just talking with someone about something that might ought to be done at some vague time in the future. We live in hysterical times again. I take note of Meatcleaver's discussion of the anti-globalization grievances felt by the working classes here and in Western Europe. I think the Occupy Wall Street and the Tea Party reactions have been either ineffective or distracted. And as Aswad rightly points out, we should fear the rise of neo-fascism. Nevertheless, I hold with the free marketplace of ideas. It is ironic that the Belgian Marxist's message was delivered by telephone. Gotta laugh at Government censors battling the technology of communications, as the Chinese are currently engaged. I think we should hear everyone in the flesh and, again a tip of the hat to Aswad, we should sort them out ourselves. Why in person? There is a big difference reading Martin Luther King's "I Have A Dream" speech than hearing him deliver it, wouldn't you agree? I agree with this generally, but I disagree that denying someone entry for violating the terms of their entry is insubstantial. If it were, we would just have to have open borders and allow any tourist who wanted to remain in the country to stay. I may yearn for a borderless world, but that's not the one we live in. If we can't deny someone entry for a visa violation, then why are we allowed to deport people who overstay? I agree with SCOTUS that ultimately the border control issues trump the First Amendment ones. Otherwise can't every person trying to enter the U.S. simply say they are entitled to enter in order to give us their POV on the world, and they are protected by our First Amendment rights to enter....period? I mean everyone in the world can literally say that. Anyone's exposition on anything is speech. They don't have to be political; they don't have to be the leader of an organization, etc. Let us also be reminded that NINE EDL members were allowed to enter the country in 2010 when Robinson was denied entry. They protested at Ground Zero, were filmed, etc. I'm hard pressed to say Americans lost a huge amount of information with Robinson not present (hell I didn't even know who he was in 2010 and could have cared less - and most Americans are in the same boat). So it was not his message that prevented his entry. Robinson has been arrested and convicted of crimes in the U.K. that have nothing to do with free speech. Again, I don't see why we are required to allow a former convict to enter the country (again, what is arbitrary or slippery slope about that?). I think the government is allowed discretion and I think enforcing a case-by-case review is highly impractical. Not to mention unlike Mandel, no one here was inviting Robinson into the country in order to hear him speak or debate his views. He and his group came of their own volition because they wanted to protest at Ground Zero. They do not have protection of the First Amendment. And no one here was asking to hear them or debate them. I see the cases as quite different on that aspect. Again, a borderless world would be great; we are not there yet.
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