https://www.eff.org/deeplinks/2023/09/federal-judge-upholds-state-department-rule-requiring-visa-applicants-disclose Skip to main content * About + Contact + Press + People + Opportunities * Issues + Free Speech + Privacy + Creativity and Innovation + Transparency + International + Security * Our Work + Deeplinks Blog + Press Releases + Events + Legal Cases + Whitepapers + Podcast + Annual Reports * Take Action + Action Center + Electronic Frontier Alliance + Volunteer * Tools + Privacy Badger + HTTPS Everywhere + Surveillance Self-Defense + Certbot + Atlas of Surveillance + Cover Your Tracks + Crocodile Hunter * Donate + Donate to EFF + Giving Societies + Shop + Other Ways to Give + Membership FAQ * Donate + Donate to EFF + Shop + Other Ways to Give * Search form Search [ ] --------------------------------------------------------------------- Email updates on news, actions, and events in your area. Join EFF Lists * Copyright (CC BY) * Trademark * Privacy Policy * Thanks Electronic Frontier Foundation Donate [effawardss] [eff_awards] Electronic Frontier Foundation * About + Contact + Press + People + Opportunities * Issues + Free Speech + Privacy + Creativity and Innovation + Transparency + International + Security * Our Work + Deeplinks Blog + Press Releases + Events + Legal Cases + Whitepapers + Podcast + Annual Reports * Take Action + Action Center + Electronic Frontier Alliance + Volunteer * Tools + Privacy Badger + HTTPS Everywhere + Surveillance Self-Defense + Certbot + Atlas of Surveillance + Cover Your Tracks + Crocodile Hunter * Donate + Donate to EFF + Giving Societies + Shop + Other Ways to Give + Membership FAQ * Donate + Donate to EFF + Shop + Other Ways to Give * Search form Search [ ] Federal Judge Upholds State Department Rule Requiring Visa Applicants to Disclose Social Media Information DEEPLINKS BLOG By Sophia Cope and Saira Hussain September 12, 2023 Surveillance cameras peering around, each with a social media company icon. Federal Judge Upholds State Department Rule Requiring Visa Applicants to Disclose Social Media Information Share It Share on Twitter Share on Facebook Copy link Surveillance cameras peering around, each with a social media company icon. Since 2019, people applying for a visa to the United States have had to register their social media accounts with the U.S. government as part of the application process. Two U.S.-based documentary film organizations that regularly collaborate with non-U.S. filmmakers and other international partners sued the State Department shortly after the policy went into effect, challenging the rule on First Amendment and other grounds. EFF filed an amicus brief in the district court in 2020 arguing that even public social media information implicates both free speech and privacy interests. Unfortunately, a federal judge has dismissed the case, Doc Society v. Blinken. Visa applicants already are required to disclose personal information including their work, travel, and family histories. The "Registration Requirement," which went into effect in May 2019, requires visa applicants to disclose their social media identifiers over the past five years, including for pseudonymous accounts. The policy began during the Trump Administration and has continued under President Biden. The State Department estimated that 14.7 million people would be affected by the policy each year. The plaintiffs argued that the Registration Requirement violated the expressive and associational rights of both their U.S.-based and non-U.S.-based members and partners. We agree: knowing that your social media posts will be combed through will lead people to self-censor. Additionally, the rule deprives visa applicants of the rights to anonymous speech and private association. The district court rejected the plaintiffs' First Amendment arguments and dismissed the lawsuit with prejudice, meaning the plaintiffs can't amend their complaint. The district court acknowledged that U.S. citizens have a right to receive information and ideas from, and to freely associate with, non-U.S. persons. But the court rejected the plaintiffs' argument that the Registration Requirement prevents them from doing so because of the rule's chilling effect on the social media activity of would-be visitors to the United States. The court found that the plaintiffs' complaint lacked specificity, stating, "These allegations fail to identify a particular instance of speech that any person wishes to--but cannot--hear." The court also rejected the plaintiffs' arguments that foreign national visa applicants have any First Amendment rights when initially applying for visas from abroad. And while the court recognized the First Amendment rights of noncitizens currently present in the United States who limit their online speech because they may need to renew a visa in the future, it held that the federal government's regulation of immigration should be granted significant deference. We share the plaintiffs' disappointment with this ruling. We await the plaintiffs' decision on whether they will appeal to the D.C. Circuit. Related Issues Free Speech Privacy Social Media Surveillance Social Networks Share It Share on Twitter Share on Facebook Copy link Join EFF Lists Discover more. Email updates on news, actions, events in your area, and more. Email Address [ ] Postal Code (optional) [ ] Anti-spam question: Enter the three-letter abbreviation for Electronic Frontier Foundation: [ ] Don't fill out this field (required) [ ] [Submit] Thanks, you're awesome! Please check your email for a confirmation link. Oops something is broken right now, please try again later. 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Free Speech banner, an colorful graphic representation of a megaphone Deeplinks Blog by Karen Gullo | July 26, 2023 Rights Groups Urge EU's Thierry Breton: No Internet Shutdowns for Hateful Content EFF and 66 human rights and free speech advocacy groups across the globe today called on EU Internal Commissioner Thierry Breton to clarify that the Digital Services Act (DSA)--new regulations aimed at reining in Big Tech companies that control the lion's share of online speech worldwide--does not allow internet shutdowns... [OG-Encryption-GoldenKey] Deeplinks Blog by Jason Kelley, Sophia Cope | July 24, 2023 The NDAA is No Place for Sweeping Internet Legislation Like the STOP CSAM Act The STOP CSAM Act of 2023 would undermine services offering end-to-end encryption and push internet companies to take down lawful user speech. This dangerous bill would threaten security and free speech on the internet--but incredibly, it may pass Congress without even being seriously debated. 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