US to require would-be immigrants to turn over social media handles

[florida racer 73 200]

The 4th amendment does not apply to social media accounts, if a person does not want to be gauged by their social media posts, well then do not engage in social media. As far as requiring an immigrant or non-immigrant to reveal their information, this is part of the process, either supply the information or not. But remember there are consequences to these actions

[Orangesapples 1,954]

2 minutes ago, florida racer 73 said:

The 4th amendment does not apply to social media accounts

Why not? 

[florida racer 73 200]

Just now, Orangesapples said:

Why not? 

 

Just now, Orangesapples said:

Why not? 

Social media is a public forum, despite what audience you limit it to, it is still public for all to see and find. 

 

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

 

As you can see specific wording shows that social media accounts do not fall under this nor has any court ruled that social media accounts are private and require a warrant.

 

[florida racer 73 200]

Just now, florida racer 73 said:

 

Social media is a public forum, despite what audience you limit it to, it is still public for all to see and find. 

 

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

 

As you can see specific wording shows that social media accounts do not fall under this nor has any court ruled that social media accounts are private and require a warrant.

 

Lets not forget that an intending immigrant is not a U.S. citizen so the 4th amendment will not apply until they are recgonized as a U.S. citizen

 

[Orangesapples 1,954]

9 minutes ago, florida racer 73 said:

Lets not forget that an intending immigrant is not a U.S. citizen so the 4th amendment will not apply until they are recgonized as a U.S. citizen

 

It's the spirit of the law. All people have rights. 

 

If your social media account is closed and only your friends and family can see it, it's just as private as your home. And personal messages are definitely private. 

[florida racer 73 200]

1 minute ago, Orangesapples said:

It's the spirit of the law. All people have rights. 

 

If your social media account is closed and only your friends and family can see it, it's just as private as your home. And personal messages are definitely private. 

No disrespect, but you just do not understand........

 

Yes, people do have rights but ONLY U.S. citizens have rights afforded under the Constitution. Might I recommend that you read up on some case law regarding the 4th amendment and searches and seizures because you clearly do not understand what I am saying.

 

Have a good night!

 

[florida racer 73 200]

Just now, florida racer 73 said:

No disrespect, but you just do not understand........

 

Yes, people do have rights but ONLY U.S. citizens have rights afforded under the Constitution. Might I recommend that you read up on some case law regarding the 4th amendment and searches and seizures because you clearly do not understand what I am saying.

 

Have a good night!

 

Also, if your social media account is closed, then no one would be able to see it, including friends and family. Closed means it is done and no one can see it but remember there is always a copy or a record of it on the internet........ somewhere!

 

I believe that you are referring to a "private" setting, but it can still be viewed, the only true way to remain anonymous on the internet and social media is to not be on there in the first place.

 

 

[David & Diana R 1,005]

2 hours ago, Orangesapples said:

It's the invasion of privacy. I don't think it's right for the government (or an employer) two violate your privacy unless they have a really good reason to do it (a warrant, the same way they can search your house and underwear only with a warrant). It's wrong when done to anyone, no matter where they're from. I personally have nothing to hide but it doesn't mean I want anyone to see my discussions with my best friend about her ex or the texts I exchange with my husband. 

As a foreigner you have NO PRIVACY RIGHTS afforded to you in the USA or any other country on the planet that you are attempting to immigrate to.  Try illegally crossing the border into Mexico and see when they catch you how you end up in jail, as it should be in the USA.  Illegal aliens have way too many "rights" in the USA.  That's the problem here.

Edited March 30, 2018 by David & Zoila

[David & Diana R 1,005]

28 minutes ago, Orangesapples said:

It's the spirit of the law. All people have rights. 

 

If your social media account is closed and only your friends and family can see it, it's just as private as your home. And personal messages are definitely private. 

We are not discussing rights in general, such as basic human rights.  We are discussing whether an intending immigrant has rights as a US citizen does.  The answer is a resounding NO.  Simple as that.

[Unidentified 2,930]

42 minutes ago, florida racer 73 said:

Lets not forget that an intending immigrant is not a U.S. citizen so the 4th amendment will not apply until they are recgonized as a U.S. citizen

 

Wrong. Even illegal immigrants have 4th amendment right: http://thehill.com/blogs/pundits-blog/immigration/255281-yes-illegal-aliens-have-constitutional-rights

https://www.kqed.org/lowdown/26358

 

Edit: sorry, didn't see the "intending" part. 

Edited March 30, 2018 by Unidentified

[Unidentified 2,930]

30 minutes ago, florida racer 73 said:

No disrespect, but you just do not understand........

 

Yes, people do have rights but ONLY U.S. citizens have rights afforded under the Constitution. Might I recommend that you read up on some case law regarding the 4th amendment and searches and seizures because you clearly do not understand what I am saying.

 

Have a good night!

 

Wrong. 

[NikLR 13,230]

I was going to say LPR have constitutional rights.  Just because we're not USC doesn't mean I don't have the freedom of speech or religion.  Considering I can acquire a concealed carry permit, I'm pretty sure I have the 2nd amendment right.  I also don't have to consent to a search of my car or home without a warrant... 

 

However, I agree that social media is not covered by 4th amendment.  My husband purposefully has no social media accounts.  He doesn't post on forums either.  

 

 

Edited March 30, 2018 by NikLR

[Unidentified 2,930]

Just now, NikLR said:

I was going to say LPR have constitutional rights.  Just because we're not LPR doesn't mean I don't have the freedom of speech or religion.  Considering I can acquire a concealed carry permit, I'm pretty sure I have the 2nd amendment right.  I also don't have to consent to a search of my car or home without a warrant... 

 

However, I agree that social media is not covered by 4th amendment.  My husband purposefully has no social media accounts.  He doesn't post on forums either.  

 

 

Even illegals have constitutional rights. People here on visa's have constitutional rights... 

 

Social media is a whole big gray area where people don't think laws applied when they actually do. But it's hard to know which one and who has jurisdiction. 

[NikLR 13,230]

In this day and age, if you can't figure out that you shouldn't put things on your social media that can be potentially used against you one day, or that jeopardizes you, you shouldn't be on social media.  I work with people who post DUMB things on facebook, and honestly I'm just waiting for them to be fired one day.   People argue "it's my private life"  well then don't have friends from work, post your job location, where you live, etc... My work places are NOT on my social media.  

Edited March 30, 2018 by NikLR

[florida racer 73 200]

2 minutes ago, Unidentified said:

Wrong. 

okay, if you say!