The government may not criminally punish immigrants based on speech that would be protected if said by a citizen.[77] On entry across borders, the government may bar non-citizens from the United States based on their speech, even if that speech would have been protected if said by a citizen.[78] Speech rules as to deportation, on the other hand, are unclear.[79] Lower courts are divided on the question, while the leading cases on the subject are from the Red Scare.