Trump appointee argues in dissent that noncitizens are not protected by the First Amendment.

[mahatmakanejeeves]

Reposted by Mike Masnick
https://bsky.app/profile/mmasnick.bsky.social

Aaron Reichlin-Melnick
‪@reichlinmelnick.bsky.social‬

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In a complex case out of the 3rd Circuit, Judge Matey, a 2019 Trump appointee, argued in dissent (on an issue that was not decided by the majority) that noncitizens are not protected by the First Amendment. Notably, he cites Bruen, indicating the latest move to import "history and tradition" to 1A.
Our Nation’s longstanding practice also yields few
insights, as there is no unbroken chain of understanding or
“regular course of practice” that might “liquidate & settle the
meaning” of the First Amendment’s applicability to aliens.
Letter to S. Roane (Sept. 2, 1819), in 8 The Writings of James
Madison 450 (1908); see also N.Y. State Rifle & Pistol Ass’n,
Inc. v. Bruen, 597 U.S. 1, 35–36 (2022). Nor is there any
evidence of “a governmental practice [that] has been open,
widespread, and unchallenged since the early days of the
Republic,” that might “guide our interpretation.” Nat’l Lab.
Rel. Bd. v. Noel Canning, 573 U.S. 513, 572 (2014) (Scalia, J.,
concurring in the judgment). All to say, there is no long
standing post-enactment practice—custom, we might properly
call it—recognizing all aliens within our borders possess First
Amendment rights.
ALT
July 15, 2025 at 2:58 PM

In a complex case out of the 3rd Circuit, Judge Matey, a 2019 Trump appointee, argued in dissent (on an issue that was not decided by the majority) that noncitizens are not protected by the First Amendment. Notably, he cites Bruen, indicating the latest move to import "history and tradition" to 1A.

— Aaron Reichlin-Melnick (@reichlinmelnick.bsky.social) 2025-07-15T18:58:48.539Z

[Lovie777]

1. WTF......................

immigrants are being treated inhumanly.

Damn, these "so called Christians" suck, this is not the teachings of JC.

[slightlv]

2. I've been enmeshed in my own Dark Night of Soul

since this monster came on the political stage. At times, it's unbearable. But due to these xtianists, I would never EVER consider going back to any Christian church. Period. They have completely disavowed their religion. And they're showing everyone how weak their god is. I'm not saying it's all Christians, but this version of what they're pushing as THE "one true" Christianity is a completely different religion. But I'll never go back to any of the churches. trump and magats have ruined any and all trust that is required for faith. They should really read and study their bible. They were warned in several places, but, especially (I think) in Jude about unbelievers and defilers slipping into the church and damning the congregation using deceit, licentiousness, etc. Well, I hope to their God, they've been damned.