Connecticut Law Review Volume 45 - Issue 4

IDEOLOGICAL EXCLUSION IN THE POST-9/11 ERA: A CASE FOR INCREASED JUDICIAL OVERSIGHT AND RECOGNITION OF THE RIGHT TO HEAR SPEECH

Following the terror attacks of September 11, 2001, the George W. Bush Administration actively engaged in a policy of ideological exclusion.  During the Bush Administration, the State Department routinely denied visas to foreign nationals whose political views it disfavored.  The primary targets of ideological exclusion during the post-9/11 era were members of the Arab and Muslim intellectual communities.  Opponents have argued that ideological exclusion violates United States citizens’ First Amendment right to hear and debate speech.  After offering an extensive background of the history of ideological exclusion in the United States, this Note argues that the Bush Administration’s policy of ideological exclusion did, in fact, violate United States citizens’ right to hear and debate speech.  It then discusses the steps that the judiciary must take in order to create a sustainable policy against ideological exclusion.

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