Is Free Speech for Everyone in America?
By Junaid Afeef
International and Immigration Law,
May 2025
It sounds like a rhetorical question; of course, it is. Right? For decades, flag burning, hate group marches, vile protests at servicemembers’ funerals, and more were deemed protected under the First Amendment. The idea was to ensure all political speech remains uncensored; to do so, we must tolerate polarizing, offensive, or even hateful speech. Although noncitizens enjoy First Amendment protections, the government's plenary authority over immigration allows it to penalize them in ways that effectively chills free speech.
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