This Day in Legal History: Alien Act
On June 25, 1798, the United States Congress passed the Alien Act, one of the four laws collectively known as the Alien and Sedition Acts. Signed into law by President John Adams, the Alien Act authorized the president to order the deportation of any non-citizen deemed "dangerous to the peace and safety of the United States." This law emerged during a time of heightened political tension and fear of foreign influence, particularly as hostilities with France escalated during the Quasi-War. The Federalist-controlled government promoted the act as a necessary measure to protect national security, but it quickly drew criticism from the rival Democratic-Republican Party.
Critics argued the act violated fundamental principles of due process and civil liberties, granting the executive branch unchecked power over immigration and expulsion. The law did not require a criminal conviction or even a hearing, allowing deportation based solely on presidential discretion. Although the Alien Act had a two-year sunset clause and was never directly enforced through mass deportations, its passage contributed to a growing divide between Federalists and Jeffersonians.
The broader set of Alien and Sedition Acts also targeted political dissent, with the Sedition Act criminalizing speech critical of the government. These laws played a central role in the 1800 presidential election, fueling opposition that ultimately helped Thomas Jefferson defeat John Adams. In the long run, the Alien Act became emblematic of federal overreach and was widely viewed as an overreaction to perceived threats. It underscored early challenges in balancing national security with individual rights and helped lay the groundwork for later debates on immigration and executive authority.
A decade after the Supreme Court’s landmark ruling in Obergefell v. Hodges, a Christian legal group is preparing to challenge the decision that legalized same-sex marriage nationwide. The move comes amid broader conservative momentum, including a Southern Baptist Convention resolution calling for the ruling’s repeal and a recent Supreme Court decision upholding Tennessee’s ban on gender-affirming care for minors. Despite these developments, legal experts, including conservatives, see little chance the Court will take up the challenge. John Bursch, a former Obergefell litigator, noted that overturning such a major precedent typically requires both time and significant public advocacy—Roe v. Wade, for instance, remained in force for nearly 50 years before being overturned in Dobbs.
Nonetheless, Liberty Counsel is moving forward with a Supreme Court appeal on behalf of Kim Davis, the Kentucky clerk who refused to issue a marriage license to a same-sex couple just days after Obergefell. Davis was found liable for $100,000 in emotional distress damages, and the group will argue that her actions were protected by the First Amendment. The Sixth Circuit rejected that argument, stating that Davis acted as a public official and thus could not claim constitutional protection for her refusal. Liberty Counsel also intends to ask the Court to reconsider the core ruling in Obergefell, comparing their strategy to how Dobbs upended abortion rights.
Legal observers remain skeptical. The Supreme Court already declined to hear Davis’s earlier appeal, and while Justices Clarence Thomas and Samuel Alito expressed concerns about the scope of Obergefell, they said Davis had not properly raised the issue in lower courts. That procedural misstep could again doom her case. Meanwhile, political efforts are mounting in conservative states, with resolutions and bills promoting "covenant marriage" that excludes same-sex couples. Still, critics such as the ACLU see these moves as largely symbolic and lacking real legal traction.
Same-Sex Marriage Challenge Seen as Long Shot at Supreme Court
A new ruling in the case Bartz et al v. Anthropic PBC has provided the first major legal decision on whether training generative AI models qualifies as fair use under U.S. copyright law. District Judge William Alsup concluded that using legitimately purchased books to train AI models like Anthropic’s Claude counts as transformative fair use, as long as the books are bought for training and then destroyed afterward. This decision gives AI developers a tentative legal framework, or “roadmap,” for creating compliant large language models, though the ruling is not without limits. Alsup allowed separate claims involving pirated training materials to proceed to trial, drawing a sharp line between lawful acquisition and copyright infringement.
The court’s ruling highlights the four traditional fair use factors, placing significant weight on the transformative nature of AI training while minimizing the importance of its commercial impact on the original market. Alsup asserted that the use was transformative enough to outweigh concerns over licensing markets, suggesting that AI training doesn’t necessarily harm authors’ ability to profit from their work. This view diverges from recent interpretations emphasizing market harm, such as the Supreme Court’s 2022 Warhol decision. While this reasoning favors developers, it also creates tension with copyright owners, who argue the ruling downplays existing licensing practices.
The decision notably distances itself from claims involving pirated materials. Alsup treated the copying and use of pirated books as a separate issue that may still result in substantial liability, including statutory damages. This split decision—approving the use of lawfully acquired materials but scrutinizing pirated content—offers a compromise approach that courts in similar cases might adopt. With multiple lawsuits against OpenAI and Meta pending, Alsup’s ruling could influence upcoming decisions, though judges in other districts may interpret the law differently. The opinion suggests that training can be transformative and lawful under certain conditions but reinforces that AI companies must source training data responsibly.
Mixed Anthropic Ruling Builds Roadmap for Generative AI Fair Use
Anthropic wins key US ruling on AI training in authors' copyright lawsuit | Reuters
Kilmar Abrego Garcia, a Salvadoran national previously deported under the Trump administration despite a court order barring his removal, is set to appear in a Nashville court to determine the terms of his release from jail. A U.S. magistrate judge ruled that Abrego could not be detained pending trial, citing insufficient evidence that he poses a danger. Abrego has pleaded not guilty to charges of conspiring to smuggle migrants into the U.S., accusations his legal team argues were intended to justify his unlawful deportation. His case has drawn attention as a symbol of the Trump administration's controversial immigration policies and has sparked civil rights concerns.
The court noted that even if Abrego is released from criminal custody, immigration authorities may still detain him. The judge questioned the reliability of the government’s witnesses, many of whom are convicted smugglers or deportees seeking leniency. Prosecutors allege Abrego transported migrants, including minors, on over 100 trips between Texas and Maryland, often accompanied by his own children to avoid suspicion. However, the court viewed these claims skeptically due to the witnesses’ motivations and criminal backgrounds.
U.S. officials initially labeled his deportation an “administrative error” and resisted calls to return him, raising further due process concerns. Another judge is investigating whether the administration violated court orders related to his removal. Ultimately, the Justice Department brought Abrego back to face charges, but the judge’s recent ruling underscores the court's commitment to ensuring his constitutional rights are respected.
Returned deportee Abrego due in US court over bail conditions | Reuters
Share this post