Rodric David v. Tony Kazal, et al.
FirstAmendment JusticiabilityDoctri
Did the Ninth Circuit impermissibly disregard this Court's holding in Agency for Int' Dev. v. All. for Open Soc'y Int'l, Inc.
QUESTION PRESENTED Did the Ninth Circuit impermissibly disregard this Court’s holding in Agency for Int? Dev. v. All. for Open Soc’y Int'l, Inc., 140 S. Ct. 2082, 2086 (2020) (“Open Society”) (First, it is long settled as a matter of American constitutional law that foreign citizens outside U. S. territory do not possess rights under the U. S. Constitution.”), when it held that two foreign nationals with no connections to the United States, located and acting overseas, had a First Amendment right to direct harassing speech into the United States at unwilling recipients, rendering them immune from liability under California’s anti-stalking law?