When a person, whether private or a government official, applies for a visa to come into the United States, the fact of his application clearly means he has not entered our nation; he’s still outside of it.
That brings up Chief Judge (DC District) James Boasberg’s ruling regarding the administration’s denial of visas to foreign officials and other foreign nationals considered responsible for or complicit in suppressing American free speech.
Boasberg ruled that the administration’s reason constituted viewpoint discrimination and so was a First Amendment violation of the applicants’ free speech rights. He dressed up his opinion with this:
The policy [to deny visas to those considered responsible for or complicit in suppressing American free speech], at its core, does not burden all speech about platforms, all research into content moderation, or all advocacy about online harms. It presses its enforcement thumb against one side of the scale: the view that platforms should do more to moderate content, label disinformation, restrict abuse, share data with researchers, or take responsibility for the harms their systems amplify.
The problem with Boasberg’s position is that those folks, being outside our nation, have no US constitutional (or any statutory) rights whatsoever. His argument is, thus, nothing more than a cynically offered non sequitur.
Boasberg’s rationalization is all too typical of the hysterically anti-Trump bias in his rulings.