Comment by User23

Comment by User23 2 months ago

2 replies

IANAL, but my lay opinion is that thanks to the foreign commerce clause this would be a matter of rational basis.

So quite likely Congress could craft such a law and have it hold up, if it could show that foreign control of the NYT (which is incidentally the case) posed a national security concern.

twoodfin 2 months ago

IANALE, but any time the exercise of fundamental rights is being constrained, I understand intermediate scrutiny is the floor.

  • User23 2 months ago

    Yes but foreigners have way lower presumption of rights.