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Re:New "Prosecuting Burning of the American Flag" EO Would V... by IAmBroom on Tuesday August 26, 2025 @10:12AM (#45026858)
> Whether deportation of aliens based on their speech is constitutional is unsettled.

Is it? That would suprise me. The First Amendment does not mention citizenship:

"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."

If free speech of aliens were not protected, neither would their practice of religion. "Americans can be Catholics, but we won't let any non-American Catholics in. We have enough of them."

Re:New "Prosecuting Burning of the American Flag" EO Would V... by pcaharrier on Tuesday August 26, 2025 @10:30AM (#45027060)
> Is it?

Yes: https://reason.com/volokh/2025/02/03/may-aliens-be-deported-...

He's talking about the current state of the law on that point (i.e., deportation specifically).