The person in question said he was in Geneva when he received the email from Google. Therefore is a non-US citizen residing outside the country entitled to 1A protections for something they said or did while in the US? I'm not expressing an opinion but I wouldn't take that statement as legal advice.
But you are conflating seeking entry with being present inside the country. That’s the legal line, and the Supreme Court has stated it clearly. “once an alien enters the country, the legal circumstance changes, for the Due Process Clause applies to all ‘persons’ within the United States, including aliens, whether their presence here is lawful, unlawful, temporary, or permanent.” [0]
As for the First Amendment specifically the Supreme court has reversed the deportation order of an Australian labor activist due to alleged Communist Party affiliation, concluding that “freedom of speech and of the press is accorded aliens residing in this country” [1]
The Geneva detail doesn’t apply. He was on US soil as a lawful visa holder when he attended the protest. It’s a question of where he was when the government action targeted his protected expression not where he was when Google emailed him.
His departure doesn’t retroactively strip the constitutional protections that applied when the conduct occurred.
[0] https://law.onecle.com/ussc/533/533us693.html
[1] Bridges v. Wixon https://firstamendment.mtsu.edu/article/aliens/
There seems to be broad discretion that the government has in revoking visas.
Which Google definitely knows are not enforceable.
https://statements.cornell.edu/2024/20241019-career-fair-dis...
I’m a First Amendment absolutist and AFAIK foreign students can protest, but this video shows to me it probably crosses the line into something else. Exactly what, I have no opinion.
I agree: this is exactly what the administration is doing.
> I’m generally receptive to point the finger at Google’s intentions but in their defense, administrative subpoenas frequently include non disclosure orders.
Except immigration aren't allowed to put gag orders on administrative subpoenas [1]:
> First, any gag order in these subpoenas has no legal effect; you are free to publicize them and inform the target of the subpoena.
and
> The agency’s administrative subpoena power is limited, but ICE often uses the subpoenas to obtain more assistance than is legally required
This is the key problem. Companies like Google aren't making government agencies go to court to get a subpoena, they're not resisting that subpoena, they're not informing targets when they're legally allowed to and they're giving agencies more assistance than is legally required.
I don't think it's asking a lot to expect any platform to only provide the minimum legally required cooperation.
[1]: https://www.acluofnorthcarolina.org/app/uploads/drupal/sites...