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this post was submitted on 10 Mar 2025
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No problem. I should add that immigration law is complicated as all hell, and sometimes very unintuitive, and the situation has changed over the years. And I'm not an immigration lawyer, so I'm just giving my best layman's understanding from what past case law and history I've read.
I'd also reiterate that it's not as if SCOTUS has said "the First Amendment doesn't protect the guy" against deportation for his speech. It just hasn't ruled that it does: there's been no ruling to define the scope of the Constitution on the matter that I'm aware of.
I'd also bet that there are a lot of wrinkles there. The rationale that the Executive Branch has used in the past to justify use of speech as a filter for permitting entry to the US is "national security". But I think
without looking into the matter
that it's likely difficult to characterize the guy as a threat to US national security. Israel's national security, maybe. But the US's? I think that that's a harder case to make. So...I'm not actually sure that even if SCOTUS takes a case and rules that you can use speech as a criteria for disallowing entry for non-citizens to the US on national security grounds, that it'd agree with the Executive Branch on this guy being deportable.