> First amendment doesn’t apply, because the U.S. doesn’t apply the bill of rights to non-citizens.
That's absolutely not true. Precedent has been set multiple times granting constitutional protections to anyone on US soil, no matter how they got here.
So sure, he isn't protected now, because he's not here, but the moment he lands on US soil he's protected by the first amendment. There is no way they would charge him if they didn't think it could stand up under the first amendment.
I am not a lawyer, and I'd love to hear from somebody who's a con law lawyer, but I'm not certain that the First Amendment is retroactive to activities that did not happen on American soil--and, going forward, it's completely within the government's power to get a gag order as pertains to an ongoing case.
That's absolutely not true. Precedent has been set multiple times granting constitutional protections to anyone on US soil, no matter how they got here.
So sure, he isn't protected now, because he's not here, but the moment he lands on US soil he's protected by the first amendment. There is no way they would charge him if they didn't think it could stand up under the first amendment.