“The space researcher was allegedly randomly checked on arrival, during which his professional computer and personal telephone were allegedly searched. Similarly, messages about the Trump administration’s treatment of scientists have been found.”
1st Amendment protections on freedom of speech apply to everyone in the USA, regardless of citizenship. Frenchman should sue.
That doesn’t de jure apply to non-citizens at the border, never mind de facto.
Relevant section on Wikipedia:
The government may not criminally punish immigrants based on speech that would be protected if said by a citizen.[83] On entry across borders, the government may bar non-citizens from the United States based on their speech, even if that speech would have been protected if said by a citizen.[84] Speech rules as to deportation, on the other hand, are unclear.[85] Lower courts are divided on the question, while the leading cases on the subject are from the Red Scare.
https://en.wikipedia.org/wiki/United_States_free_speech_exceptions
Regarding the protections against illegal searches, I think all bets are off, even for US citizens.
Visitors to the US have been asked if they were members of the communist party since forever though?
IDK if those who replied “yes” would be sent back, but I do remember reading about Chinese communist party members being denied entry to the US.
I don’t see much difference between this and that as far as the 1st amendment is concerned… aren’t you idealizing the 1st amendment (and/or how seriously the US takes it)?
PS: let me make clear that I’m not trying to defend the indefensible behaviour of the Trump administration in any way
There’s no first or fourth amendment rights within 100 miles of the border of the USA. Probably other missing rights too.
That’s not true, because the Constitution applies to the whole place. Americans and non-citizens freely exercise those rights in those areas daily.
If any agent of the government tells you otherwise, you must educate them and enforce the free exercise of your own rights.
https://en.m.wikipedia.org/wiki/Border_search_exception
Federal law allows certain federal agents to conduct search and seizures within 100 miles (160 km) of the border into the interior of the United States.[5] The Supreme Court has clearly and repeatedly confirmed that the border search exception applies within 100 miles (160 km) of the border of the United States
If any agent of the government tells you otherwise, you must educate them and enforce the free exercise of your own rights.
How exactly does one enforce the free exercise of their rights?
Remember that agents of the government are often armed and generally don’t like being told what to do.
I was under the understanding that when in customs TSA overrides an American Citizens constitutional rights…
Basically, you don’t have a 1st ammendment right as an American Citizen.
Nope, that is not correct. The rights remain in place and may be exercised at will.
