The McCarran-Walter Act gives the State Department and the Immigration and Naturalization Service the power to deny visas to visiting foreigners because of their political beliefs. The author argues that excluding foreigners in this way prevents U.S. citizens from exchanging ideas and information with these excluded people, thus infringing the constitutional rights of citizens. Because the first amendment includes a right to receive information and ideas, regardless of their source, the author contends that these ideological exclusions under the authority of the McCarran-Walter Act are unconstitutional.
Daniel M. Torrence,
Ideological Exclusions: A Prior Restraint Analysis,
11 Hastings Comm. & Ent.L.J. 335
Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol11/iss2/4