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AMERICAN ACADEMY OF RELIGION v. NAPOLITANO

Docket No. 08-0826-cv.

573 F.3d 115 (2009)

AMERICAN ACADEMY OF RELIGION, American Association of University Professors, Pen American Center, and Tariq Ramadan, Plaintiffs-Appellants, v. Janet NAPOLITANO, in her official capacity as Secretary of the Department of Homeland Security, and Hillary Rodham Clinton, in her official capacity as Secretary of State, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 17, 2009.

Attorney(s) appearing for the Case

Jameel Jaffer, New York, N.Y. (Melissa Goodman, Nasrina Bargzie, Judy Rabinovitz, Lucas Guttentag, American Civil Liberties Union Foundation, New York, N.Y.; Arthur N. Eisenberg, New York Civil Liberties Union Foundation, New York, N.Y.; Claudia Slovinsky, New York, N.Y.; Leon Friedman, New York, N.Y., on the brief), for Plaintiffs-Appellants.

Davis S. Jones, Asst. U.S. Atty., New York, N.Y. (Michael J. Garcia, U.S. Atty., Kristin L. Vassallo, Sarah S. Normand, Asst. U.S. Attys., New York, N.Y., on the brief), for Defendants-Appellees.

(Charles S. Sims, Proskauer Rose LLP, New York, N.Y., for amici curiae American Ass'n for the Advancement of Slavic Studies, American Booksellers Foundation for Free Expression, American Studies Ass'n, Ass'n of American Law Schools, Ass'n of American Publishers, Ass'n of American University Presses, College Art Ass'n., Latin American Studies Ass'n, Middle East Studies Ass'n, Nat'l Coalition Against Censorship, in support of Plaintiffs-Appellants.).

Before FEINBERG, NEWMAN, and RAGGI, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

This appeal concerns a First Amendment challenge to the denial of a visa. Three organizations, Plaintiffs-Appellants the American Academy of Religion ("AAR"), the American Association of University Professors ("AAUP"), and PEN American Center, appeal from the December 20, 2007, decision of the District Court for the Southern District of New York (Paul A. Crotty, District Judge), granting summary judgment to then-Defendants-Appellees Michael...

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