This guide traces the history of ideological visa denial to explore the intersection between immigration law and the right to free speech. It includes: 1) An overview of the history of visa denial in early 20th century, which allows students to assess historical fears of radical immigrants through the close reading of a political cartoon. 2) A discussion of the denial of visas to communists and alleged radicals in the Cold War, through a classroom exercise and discussion of an excerpted newspaper article. 3) An assessment of the role of the First Amendment in challenging visa restrictions through a close reading of a Supreme Court decision in 1972.

This guide focuses on the history of free speech in one crucial year (1919), exploring how one influential Supreme Court justice changed his mind about the value of antiwar speech and in the process wrote opinions that have shaped our attitudes to free speech ever since. It provides students an opportunity to see the First Amendment evolve at a crucial hinge in its history, and it also provides them an opportunity to think about how far the rights to free speech should extend during wartime.

Classroom discussions need not be argumentative and unproductive. Discover a way to facilitate healthy discussion in your classroom.