New York

Court: Judge Must Reconsider Immigration Activist's Rights

What to Know

  • NY federal appeals court says immigrant activist Ravi Ragbir may have had First Amendment rights violated when he was taken into ICE custody
  • Court said his advocacy of immigration policies at the heart of current political debate makes his words core political speech
  • It said in 2-to-1 ruling that possibility government reacted to his speech in a retaliatory fashion "would broadly chill protected speech"

A federal appeals court in New York says immigrant activist Ravi Ragbir may have had his First Amendment rights violated when he was taken into custody for deportation last year.

The 2nd U.S. Circuit Court of Appeals said Thursday that his advocacy of immigration policies at the heart of current political debate makes his words core political speech.

It said in a 2-to-1 ruling that the possibility that government reacted to his speech in a retaliatory fashion "would broadly chill protected speech." It returned the case to a lower-court judge to make further rulings.

In a dissent, Circuit Judge John M. Walker Jr. said any government retaliation against Ragbir ended when he was freed two weeks after he was arrested in January 2018.

Government lawyers declined comment.

Copyright AP - Associated Press
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