Can the US government deny the right to freedom of speech to non-citizens living legally in the US?

QuestionsCategory: Basic RightsCan the US government deny the right to freedom of speech to non-citizens living legally in the US?
DJ asked 1 week ago
I noticed that some of the legal challenges to the removal orders or revokation of migration status is using the constitutional protection of freedom of speech. But does the US constitution apply to non-citzens?
1 Answers
Intern 5 answered 1 week ago
In the United States, freedom of speech is protected in the Constitution once the First Amendment was ratified on December 15, 1791. This amendment covers speech, but it also provides for protection of the freedom of religion, the press, and making complaints and requests to the government. The language of the amendment in this regard is explicit, specific, and unambiguous:
“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.”
The language of the amendment does not indicate that these rights are limited to citizens of the United States. Therefore, these rights would be extended to "people" living in the United States. Moreover, even this interpretation that would extend the First Amendment's protection to non-citizens, another important legal authority can be used by non-citizens to seek legal relief should their right to freedom of speech is violated by the government of the United States--international law. Specifically, the United States' commitment obligations under the International Covenant on Civil and Political Rights (ICCPR) treaty. The ICCPR provides a range of protections for civil and political rights including the right to equality before the law; freedom of speech, assembly, and association; and freedom from torture, ill-treatment, and arbitrary detention. Once a country ratifies a treaty, the government of such a country becomes obligated to protect the rights enshrined in the treaty. The covenant, in this case, the ICCPR, compels governments to take administrative, judicial, and legislative measures to not only protect the rights enshrined in the treaty, but also to provide an effective remedy. The ICCPR was adopted by the U.N. General Assembly in 1966 and came into force in 1976. As of December 2018, 172 countries have ratified the Covenant, including the United States, which acted in October 1977, when President Carter signed the Covenant and submitted it to the US Senate for advice and consent as required by our Constitution. The US Senate gave its consent in April 1992, and in early June, President George Bush signed the instrument of ratification. On June 8, 1992, the US ratification of the treaty was formalized and came into effect. There are some who might argue that the stipulation entered by the US Senate might prevent a person from taking legal action based on the authority of this treaty, when it conditioned its consent by considering the provisions in articles 1-27 of the treaty "not self-executing." However, a holistic reading of the US Constitution and other stipulations in the Consent document would show that these rights do indeed extend to non-US citizens. For instance, while the US Senate conditioned its consent to this stipulation,
The Senate's advice and consent is subject to the following declarations: (1) That the United States declares that the provisions of Articles 1 through 27 of the Covenant are not self-executing;
The Senate also entered this stipulation:
The Senate's advice and consent is subject to the following understandings, which shall apply to the obligations of the United States under this Covenant: (1) That the Constitution and laws of the United States guarantee all persons equal protection of the law and provide extensive protections against discrimination.
Here, again, the US Senate reaffirm that the US Constitution and the laws of the United States apply to "all persons", not to just citizens, and, more importantly, prohibits discrimination. This development, triggered by the Trump administration's targeting of non-US citizens, will test the US commitment to human rights and to further align the civil rights regimes to confirm to human rights norms, removing any distinction between citizens and non-citizens, a distinction that can be motivated only by bigotry and a desire to discriminate.
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