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Nonimmigrant Visa for a Marxist
That one should be excluded who taught that Jesus when he arose from the Sepulcher, went east (not up) and became a teacher at Hemis monastery in the Himalayas? Douglas on the Resurrection, Buddhism

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Kleindienst

v.

Mandel
Nonimmigrant Visa for a Marxist

Justice Douglas Dissent
June 29, 1972
Seal Of The Supreme Court
Excerpt:

Under the Chinese exclusion case, rendered in 1889, there could be no doubt but that Congress would have the power to exclude any class of aliens from these shores. The accent at the time was on race ... An ideological test, not a racial one, is used here. but neither, in my view, is permissible as I have indicated on other occasions.

... Can the attorney general under the broad discretion entrusted in him decide that one who maintains that the earth is round can be excluded?

That no one who believes in the Darwinian theory shall be admitted?

That those who promote a rule of law to settle international differences rather than a rule of force may be barred?

That a genetic biologist who lectures on the way to create life by one sex alone is beyond the pale?

That an exponent of plate tectonics can be barred?

That one should be excluded who taught that Jesus when he arose from the Sepulcher, went east (not up) and became a teacher at Hemis monastery in the Himalayas?

I put the issue that bluntly because national security is not involved. Nor is the infiltration of saboteurs. The attorney general stands astride our international terminals that bring people here to bar those whose ideas are not acceptable to him. Even assuming, arguendo, that those on the outside seeking admission have no standing to complain, those who hope to benefit from the traveler's lectures do.

Thought control is not within the competence of any branch of government.



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