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Simple English definitions for legal terms

Kleindienst v. Mandel

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A quick definition of Kleindienst v. Mandel:

Kleindienst v. Mandel was a court case in 1972 where an alien, Ernest Mandel, was denied entry into the United States because he promoted communism. The Supreme Court ruled that the Attorney General had the right to deny Mandel's entry and that the U.S. citizens' First Amendment rights were not violated. The Court said that Congress has the power to exclude aliens and delegate discretion to the Attorney General to waive the exclusion. The Court also expressed concern that requiring waivers for every alien with whom a U.S. citizen would like to speak would be problematic. Some Justices dissented, arguing that excluding Mandel violated the First Amendment and that the law was overbroad.

A more thorough explanation:

Kleindienst v. Mandel is a legal case that was decided by the United States Supreme Court in 1972. The case involved an alien, Ernest Mandel, who was invited to speak at an academic conference in the United States. However, he was denied entry into the country because of a law that excluded aliens who promoted communism.

The Supreme Court held that the Attorney General had properly exercised his discretion in denying a waiver to the exclusion. The Court declined to examine the substance of the Attorney General’s decision or to engage in balancing the decision against the First Amendment rights of the U.S. citizens who had invited the alien to speak at the conferences.

For example, Ernest Mandel, a Marxist scholar from Belgium, was invited by Stanford University to speak at an academic conference. However, he was denied entry into the United States because of the law that excluded aliens who promoted communism. The Supreme Court held that the Attorney General had properly declined to waive the statutory exclusion and that the U.S. citizen plaintiffs’ First Amendment rights had not been infringed upon.

The case reaffirmed that the power to exclude aliens is a power inherent to every sovereign state. Congress has the right to exclude aliens and to delegate discretion to the Attorney General to waive the exclusion. The Court held that because the Attorney General’s decision not to waive was “facially legitimate” and “bona fide,” the Court would not consider the substance of the decision, nor would it engage in balancing against the First Amendment interests of the U.S. citizen plaintiff-appellants.

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starfishies
16:17
ropes brought hope back to this chat
oh bestie Mountain is okay I am aware, this cycle was essentially a practice in rejection therapy for me
that being said, that one A is making me question R&Ring
starfishies
16:18
reach out to see if they'd reimburse you for a visit. you should definitely go see the town before you decide
thank you I lowk wasn't sure if we could do that
they let me in after admitted students day and I was like well... what do we do about that
starfishies
16:20
i went to asd and their office is very kind. i think there's a decent chance they'd reimburse you
Mostlylegal
16:21
@starfishies: have you had a date change at ndls?
Their admissions office is actually top tier, had a problem with a letter of rec that went out to all schools and they personally emailed me and made sure it got fixed. Rocketed them up my internal ranking fs
ClassyPleasantHeron
16:25
I'm wondering if that kid in Off Topic has a misconduct file yet, and if I can read it.
starfishies
16:25
@Mostlylegal: yep i got 4/1 i applied early dec (it was my last app) and @Jupiter i really have an overall positive view of the school if you ever need positive confirmation for them
Mostlylegal
16:32
lets hope friday is our day, i just got mine tday
16:35
can i ask an lsat question rq?
Mostlylegal
16:37
sure
starfishies
16:38
yep hoping for some straggling decisions before the 4/15 deposit deadline but ill be alright if not
any guesses on the next wave for loyola chicago?
Looks like no waves td
captaincringe
18:16
Just got a WL email from Loyola Chicago a few mins ago. Good luck!
MrThickRopes
18:42
fo pm gon come thru 4 us tmrw
starfishies
18:43
absolutely
HumdrumSoreGecko
18:52
Any SMU waves soon? App status updated but nothing yet :)
19:15
2.9/17high splitter best shot?
19:15
2.9/17high splitter best shot?
MrThickRopes
19:35
bro got a 2.9 bro is NOT the thinker
starfishies
19:37
thats not nice
19:39
im dead😂
19:40
MrThickRopes
starfishies
19:40
washu would want u ;-;
19:41
Thank u!
[] c0bra1
20:40
is nyu doing tuesdays instead of wednesdays now
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