Section I of this Note provides background information about Pineda Cruz et al v. Thompson et al and explains the government’s argument in its Motion to Dismiss. Section II explains the First Amendment, demonstrating what it is and explaining its fundamental nature. Section III argues that noncitizens are entitled to First Amendment rights, presenting the non-speakerbased composition and character of the First Amendment. Next, this section demonstrates the many fundamental rights that noncitizens currently have in an effort to show the hole left open for the First Amendment. Next, this section describes the enormous consequences of not providing First Amendment protections to noncitizens, like the government in Pineda Cruz had suggested. Lastly, this section discusses the benefits of allowing noncitizens protection under the First Amendment and both addresses and dismisses the counterarguments that may arise.



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