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AMERICAN CIVIL LIBERTIES UNION v. NAT. SEC. AGENCY

No. 17-3399-cv August Term 2018.

925 F.3d 576 (2019)

AMERICAN CIVIL LIBERTIES UNION, American Civil Liberties Union Foundation, Plaintiffs-Appellants, v. NATIONAL SECURITY AGENCY, Central Intelligence Agency, United States Department of Defense, United States Department of Justice, United States Department of State, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: May 30, 2019.

Attorney(s) appearing for the Case

Ashley Gorski ( Patrick Toomey , American Civil Liberties Union Foundation, New York, NY; Hannah Bloch-Wehba , David Schulz , Sebastian Brady , Diana Lee , Paulina Perlin , Media Freedom and Information Access Clinic, Abrams Institute, Yale Law School, New Haven, CT, on the brief), American Civil Liberties Union Foundation, New York, NY, for Plaintiffs-Appellants.

JEAN-DAVID BARNEA ( David S. Jones and Benjamin H. Torrance , Assistant United States Attorneys, on the brief), Assistant United States Attorney, for Geoffrey S. Berman , United States Attorney for the Southern District of New York, New York, NY, for Defendants-Appellees.

Before: Cabranes, Livingston, Circuit Judges, and Schofield, District Judge.

The American people have the right to know the laws and policies that bind our government and its agencies. At the same time, government officials must be able to receive confidential legal advice and deliberate frankly. Sometimes, these principles appear contradictory. We can, however, accommodate both by carefully...

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