IN RE NAT. SEC. LETTER

No. 16-16067, No. 16-16081, No. 16-16082.

33 F.4th 1058 (2017)

IN RE NATIONAL SECURITY LETTER, Under Seal, Petitioner-Appellant, v. Jefferson B. Sessions III, Attorney General, Respondent-Appellee. In re National Security Letter, Under Seal, Petitioner-Appellant, v. Jefferson B. Sessions III, Attorney General, Respondent-Appellee. In re National Security Letter, Under Seal, Petitioner-Appellant, v. Jefferson B. Sessions III, Attorney General, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 17, 2017.

Amended May 11, 2022.


Attorney(s) appearing for the Case

Andrew Crocker (argued), Nathan Cardozo , Lee Tien , Kurt Opsahl , Jennifer Lynch , David Greene , Cindy Cohn , and Aaron Mackey , Electronic Frontier Foundation, San Francisco, California; Richard Wiebe , Law Office of Richard R. Wiebe, San Francisco, California; for Petitioner-Appellants.

Lewis S. Yelin (argued), Scott R. McIntosh , and Douglas N. Letter , Appellate Staff; Brian Stretch , United States Attorney; Benjamin C. Mizer , Principal Deputy Assistant Attorney General; Civil Division, United States Department of Justice, Washington, D.C.; for Respondent-Appellee.

Jonathan Manes , University at Buffalo School of Law, The State University of New York, Buffalo, New York; Hannah Bloch-Wehba and John T. Langford , Floyd Abrams Institute for Freedom of Expression, Yale Law School, New Haven, Connecticut; for Amici Curiae Abrams Institute for Freedom of Expression and First Amendment Scholars.

Bruce D. Brown , Caitlin Vogus , and Selina MacLaren , The Reporters Committee for Freedom of the Press, Washington, D.C., for Amici Curiae The Reporters Committee for Freedom of the Press and 20 Media Organizations.

Concurrence by Chief Judge Murguia.


ORDER

The opinion filed July 17, 2017, and appearing at 863 F.3d 1110, is hereby amended as follows:

On page 1121, part III, the seventh sentence should be amended as follows:

Accordingly, we analyze the recipients' challenge as an as-applied challenge.

On page 1129, part III, the following footnote 22 should be added after <But the Court has not held that these sorts of government confidentiality restrictions...

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