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Supreme Court limits First Amendment rights of US companies’ foreign affiliates
The US Supreme Court ruled 5-3 Monday that requiring foreign groups to have explicit policies opposing prostitution and sex trafficking in order to receive federal funds applies to US companies’ foreign affiliates because they do not possess First Amendment rights. The case, Agency for International Development v. Alliance for Open Society International, Inc., raised the,
The US Supreme Court ruled 5-3 Monday that requiring foreign groups to have explicit policies opposing prostitution and sex trafficking in order to receive federal funds applies to US companies’ foreign affiliates because they do not possess First Amendment rights.
The case, Agency for International Development v. Alliance for Open Society International, Inc., raised the question of whether the federal government violated the First Amendment by prohibiting a US company’s foreign affiliate from receiving federal funding because it had not made an explicit policy statement.
The specific law at issue was the US Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003, which required that American and foreign organizations have an explicit policy opposing prostitution and sex trafficking in order to receive federal funds.
In 2013, this stipulation, known as the Policy Requirement, was deemed an unconstitutional restraint on free speech when applied to American organizations. But whether it applied to a domestic company’s foreign affiliate was an open question until Monday.
In the opinion of the court, Justice Brett Kavanaugh wrote, “it is long settled as a matter of American constitutional law that foreign citizens outside U.S. territory do not possess rights under the U.S. Constitution,” and “it is long settled as a matter of American corporate law that separately incorporated organizations are separate legal units with distinct legal rights and obligations.” Together, these “two bedrock principles of American constitutional law and American corporate law … lead to a simple conclusion: As foreign organizations operating abroad, plaintiffs’ foreign affiliates possess no rights under the First Amendment.”
In rejecting the second claim, the court stated that this view is incorrect and that the 2013 decision was limited to American organizations.
Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch joined Kavanaugh’s opinion.
Thomas filed a concurring opinion to state that he disagrees with the 2013 decision. In his concurrence, he wrote “[t]he First Amendment does not mandate a viewpoint-neutral government,” so the government may condition funds on an affirmation that each organization can accept or reject.
Justice Stephen Breyer wrote the dissent, which Justices Ruth Bader Ginsberg and Sonia Sotomayor joined. In his dissent, Breyer said that the question at hand is not about foreign entities, but rather US-based entities and their protection under the First Amendment. Breyer’s dissent states that the corporate structure plays little role in an American company’s First Amendment protection. “[O]ur First Amendment precedents leave no doubt that corporate formalities have little to say about the issue now before us. We have made clear again and again (and again) that speech may be attributed across the corporate lines in the First Amendment context—including in our previous opinion in this very case.” In concluding, Breyer wrote,
I fear the Court’s decision will seriously impede the countless American speakers who communicate overseas in a similar way. That weakens the marketplace of ideas at a time when the value of that marketplace for Americans, and for others, reaches well beyond our shores.
Justice Elena Kagan did not take part in the consideration or decision of the case.
The post Supreme Court limits First Amendment rights of US companies’ foreign affiliates appeared first on JURIST – News – Legal News & Commentary.
Source: Supreme Court limits First Amendment rights of US companies’ foreign affiliates
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The H1B Guy News for the week ending December 3, 2021.
Topics:
H1B in Decline
Documented Dreamers in Limbo
The Number of Immigrant Workers With H1-B Visas Drops the Most in a Decade
https://www.bloomberg.com/news/articl…
Ross, Padilla Lead 49 Colleagues in Urging DHS to Expand DACA Eligibility to Documented Dreamers
https://ross.house.gov/media/press-re…
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What is an EDD Number? An EDD Number is technically the state unemployment insurance identification number that the Employment Development Department of California issues a company. Here’s a visual example from the UI Online FAQ: How do I register for an EDD Number? To register for an EDD Number (in California) use this link: https://www.edd.ca.gov/payroll_taxes/e-Services_for_Business.htm,
What is an EDD Number?
An EDD Number is technically the state unemployment insurance identification number that the Employment Development Department of California issues a company.
Here’s a visual example from the UI Online FAQ:
How do I register for an EDD Number?
To register for an EDD Number (in California) use this link: https://www.edd.ca.gov/payroll_taxes/e-Services_for_Business.htm
The EDD Number form will look like this when you receive it. (see below image)
It’s on a form known as DE-5614. Click here for a PDF sample: https://www.edd.ca.gov/pdf_pub_ctr/de5614.pdf
How do I find my company’s EDD Number?
Per the EDD do as follows:
All Unemployment Insurance customers who file a new claim will automatically receive their Employment Development Department (EDD) Customer Account Number (DE 5614) letter within 10 business days of filing.
If you have lost, misplaced, or never received your EDD Customer Account Number, contact the EDD:
Online: Go to Ask EDD and select the category Unemployment Insurance Benefits, the sub category UI Online, and the topic EDD Customer Account Number. Select Continue at the bottom of the page to begin the process of submitting your message.
By Phone: Call 1-800-300-5616 from 8 a.m. to 8 p.m. (Pacific time), seven days a week.
Why do I need an EDD Number for PERM Recruitment?
What else can I use my EDD Number for?
UI Online
Register for UI Online
CalJobs Registration
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Enforcement / ICE / DHS
USCIS Allows I-765 NOA Approval Receipt Notice to Establish I-9 Employment Verification
We have great news for our readers. On August 19, 2020, the United States Citizenship and Immigration Services (USCIS) issued an important announcement for applicants whose Form I-765 Application for Employment Authorization has been approved, but who have not yet received their employment authorization document (EAD card) by mail. What’s this all about Since the,
We have great news for our readers. On August 19, 2020, the
United States Citizenship and Immigration Services(USCIS) issued an important announcement for applicants whose Form I-765 Application for Employment Authorization has been approved, but who have not yet received their employment authorization document (EAD card) by mail.
What’s this all about
Since the emergence of the Coronavirus outbreak, there has been significant delays affecting the production of certain Employment Authorization Documents also known as EAD cards, which permit an applicant to obtain lawful employment in the United States, a driver’s license, and other important documentation such as a Social Security number.
These delays have caused hardships for applicants and created additional obstacles to finding employment during an already difficult economic time.
The good news is that USCIS is providing temporary relief for applicants who have received an approval notice, but have not yet received an employment authorization document (EAD card) in the mail.
Due to the unprecedented and extraordinary circumstances caused by COVID-19, USCIS will allow foreign nationals to temporarily use their Form I-797 Notice of Action, with a notice date on or after December 1, 2019 through August 20, 2020, informing the applicant of the approval of their I-765 Application for Employment Authorization, as evidence of Form I-9, Employment Eligibility Verification.
In other words, individuals can now provide employers with the I-797 Notice of Action, receipt of approval of the Form I-765 Application for Employment Authorization, in order to qualify for lawful employment.
Pursuant to the announcement, the Notice of Action is now considered a List C #7 approved document that establishes employment authorization issued by the Department of Homeland Security, even though the Notice states that it is not evidence of employment authorization.
Accordingly, employees can present Form I-797 Notice of Action showing approval of their I-765 application as a list C document for Form I-9 compliance until December 1, 2020.
For I-9 completion, employees who present a Form I-797 Notice of Action described above for new employment must also present their employer with an acceptable List B document that establishes identity. The Lists of Acceptable Documents is on Form I-9. Current employees who require reverification can present Form I-797 Notice of Action as proof of employment authorization under List C.
We believe this is a step in the right direction and hope that USCIS can quickly and efficiently resolve the EAD backlogs as soon as possible.
For more information on acceptable documentation for verifying employment authorization and identity please click here.
Source: USCIS Allows I-765 NOA Approval Receipt Notice to Establish I-9 Employment Verification
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