Stemming the red tide: Free speech and immigration policy in the case of Margaret Randall

Abstract

Margaret Randall, an alien residing in the United States, faces deportation by the Immigration and Naturalization Service (INS) because of her allegedly pro‐leftist writings. This essay examines her case and the INS's case against her in light of the 1952 McCarran‐Walter Immigration and Nationality Act. It analyzes the conflict between the McCarran‐Walter statute and the First Amendment, and the legal and constitutional ramifications suggested by this case. The essay concludes by describing the theoretical extensions of the First Amendment that emerge from this interface of that Amendment and American immigration law and policy.