Leesa JACOBSON; Peter Ragan, Plaintiffs-Appellants,
v.
UNITED STATES DEPARTMENT OF HOMELAND SECURITY; United States Customs and Border Protection; United States Office of Border Patrol; Kirstjen M. Nielsen, Acting Secretary, United States Department of Homeland Security, in her official capacity; Kevin K. McAleenan, Acting Commissioner, United States Customs & Border Protection, in his official capacity; Carla L. Provost, Acting Chief of the United States Border Patrol, in her official capacity; Jeffrey Self, Commander, Arizona Joint Field Command, in his official capacity; Manuel Padilla, Jr., Chief Patrol Agent-Tucson Sector, in his official capacity; Roger San-Martin, Agent in Charge-Tucson Border Patrol Station, in his official capacity; Lloyd Easterling, Assistant Agent in Charge-Tucson Border Patrol Station, in his official capacity; J. Joyner, Border Patrol Agent, in his official capacity; Rosalinda Huey, Border Patrol Agent, in her official capacity; N. Ballistrea, Border Patrol Agent, in her official capacity; S. Spencer, Border Patrol Agent, in his official capacity; K. Riden, Border Patrol Agent, in her official capacity, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted December 5, 2017, San Francisco, California.
Eugene Volokh , Scott & Cyan Banister First Amendment Clinic, UCLA School of Law, Los Angeles, California; Ilya Shapiro , Cato Institute, Washington, D.C.; for Amicus Curiae The Cato Institute.
Rochelle L. Wilcox , Taylor S. Ball , and John Parsi , Davis Wright Tremaine LLP, Los Angeles, California, for Amici Curiae National Press Photographers Association and The Center for Investigative Reporting Inc.
Before: MILAN D. SMITH, JR., and SANDRA S. IKUTA, Circuit Judges, and JOHN D. BATES, District Judge.
OPINION
M. SMITH, Circuit Judge:
Leesa Jacobson and Peter Ragan (collectively, Appellants) filed this suit to challenge their exclusion from an enforcement zone set up around a Border Patrol checkpoint area near their homes in rural Arizona. Before any discovery occurred, the district court granted summary judgment to the Defendants-Appellees...
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