Law Professor : The successes day laborers have enjoyed in court in vindicating their free speech right to seek employment can be used to develop additional novel legal theories and potential remedies

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The Court Victories of Day Laborers may be the preamble to a New Era of Civil Rights Advancement ( If the Supreme Court approves the Laborers Civil Rights ) or the introduction to a Dark Age of Second Class People and secret Exploitation.

Kristina M. Campbell, University of the District of Columbia - David A. Clarke School of Law

She wrote this article "The High Cost of Free Speech: Anti-Solicitation Ordinances, Day Laborers, and the Impact of 'Backdoor' Local Immigration Regulations"

Social Science Research Network

"The High Cost of Free Speech: Anti-Solicitation Ordinances, Day Laborers, .... etc


Some excerpts :

Part IV discusses the tension between the strategy of the First Amendment litigation and the larger struggle for justice and dignity for day laborers, and highlights other litigation strategies that have been used to challenge “backdoor” local regulations of immigration. I argue that the short-term, piecemeal successes that have resulted from challenging state and local anti-solicitation laws, while important as matter of policy, have done little to actually advance day laborers’ struggle for equality in a lasting, tangible manner.

Because day laborers are perceived to be undocumented immigrants, anti-solicitation ordinances and other laws targeting day laborers are really “backdoor” attempts by state and local governments to regulate immigration. As such, challenging these laws as First Amendment violations of day laborers’ free speech rights, while allowing the workers to continue to solicit employment in public fora, fails to provide them with a meaningful remedy.

This is due to the pernicious motives underlying the creation and passage of anti-solicitation laws targeting day laborers – racism, nativism, and discrimination based on alienage and national origin – and I attempt in this section to identify other meaningful ways to address the root causes of such ordinances in addition to First Amendment litigation.

Finally, Part V explores how the successes day laborers have enjoyed in court in vindicating their free speech right to seek employment can be used to develop additional novel legal theories and potential remedies. I argue that in order to meaningfully combat “backdoor” immigration regulations, immigrants’ rights advocates must engage in legal and policy work that will translate into a more practical, every day benefit for the men and women working “on the corner.”

Number of Pages in PDF File: 45

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