Docket No. 05-5250-cv.

474 F.3d 60 (2007)

Michael ZIEPER, Mark Wieger, Becamation, Plaintiffs-Appellants, v. Joseph METZINGER, Lisa Korologos, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: January 19, 2007.

Attorney(s) appearing for the Case

Aden J. Fine (Christopher A. Hansen and Scott Michelman, on the brief), American Civil Liberties Union Foundation, New York, N.Y., for Plaintiffs-Appellants.

Sara L. Shudofsky (Neil M. Corwin and Sarah S. Normand, on the brief), for Michael Garcia, United States Attorney for the Southern District of New York, New York, N.Y., for Defendants-Appellees.

Elena M. Paul, Ronald M. Daignault, Sami J. Valkonen, New York, N.Y., for Amicus Curiae Volunteer Lawyers for the Arts.

Before: KEARSE, SOTOMAYOR, KATZMANN, Circuit Judges.

KATZMANN, Circuit Judge:

This case arises out of the efforts of the Federal Bureau of Investigation and the United States Attorney's Office for the Southern District of New York to remove from the internet a video that they may have believed posed a danger to the public safety. We are called upon to determine, first, whether the defendants are entitled to summary judgment on their contention that their actions did not violate the First Amendment rights of the video...

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