Wednesday, November 13, 2013

Kleindienst v. Mandel case brief

Kleindienst v. Mandel case brief summary
408 U.S. 753 (1972)

Appellant Attorney General sought review from a decision of the United States District Court for the Eastern District of New York, which overturned appellant's decision to deny a visa to appellee alien.

Appellee lived in Belgium. He was the author of a book on Marxist economic theory and a sought after public speaker. He was invited to speak in the United States by various university professors but was denied a visa on the basis that he had not followed his speaking itinerary during his last visit. The Immigration and Naturalization Service, acting on behalf of appellant attorney general refused to authorize admission of appellee into the United States. The lower court held that the statutes authorizing Immigration and Naturalization to take such action were unconstitutional because they infringed on the professors' right to free speech by prohibiting them from meeting with appellee.

  • The United States Supreme Court reversed the decision of the lower court on the basis the United States Congress had granted appellant the right to exclude aliens from the United States on any legitimate basis and judicial intervention with that policy was not appropriate.

Appellant was granted relief from a decision of the lower court; the lower court's ruling overturning appellant's decision to deny a visa to appellee alien was reversed by the United States Supreme Court.

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