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ASKINS v. U.S. DEPT. OF HOMELAND SEC.

No. 16-55719.

899 F.3d 1035 (2018)

Ray ASKINS; Christian Ramirez, Plaintiffs-Appellants, v. U.S. DEPARTMENT OF HOMELAND SECURITY; David Salazar, Director, Calexico Port of Entry; Sidney K. Aki, Director, San Ysidro & Otay Mesa Ports of Entry; Kevin K. McAleenan, Commissioner of United States Customs and Border Protection, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 14, 2018.

Attorney(s) appearing for the Case

Mitra Ebadolahi (argued) and David Loy , ACLU Foundation of San Diego & Imperial Counties, San Diego, California, for Plaintiffs-Appellants.

Thomas G. Pullham (argued), Patrick G. Nemeroff , and Scott McIntosh , Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Defendants-Appellees.

Ilya Shapiro , Cato Institute, Washington, D.C., for Amicus Curiae Cato Institute.

Bruce D. Brown , Gregg P. Leslie , and Caitlin Vogus , Reporters Committee for Freedom of the Press; J. Joshua Wheeler , Thomas Jefferson Center for the Protection of Free Expression & The University of Virginia School of Law First Amendment Clinic, Charlottesville, Virginia; for Amici Curiae Reporters Committee for Freedom of the Press and 7 Media Organizations.

Before: Marsha S. Berzon and Jay S. Bybee, Circuit Judges, and Sharon L. Gleason, District Judge.

OPINION

Plaintiffs Ray Askins and Christian Ramirez are advocates on border policy issues. In separate incidents, while on public property, they took photographs of activities at U.S. ports of entry on the United States-Mexico border. Both were stopped and searched by officers of the United States Customs and Border...

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