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PEOPLE FOR ETHICAL TREATMENT OF ANIMALS v. TABAK

No. 23-5110.

109 F.4th 627 (2024)

PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, et al., Appellants v. Lawrence A. TABAK, in his official capacity as Acting Director of the National Institutes of Health and Xavier Becerra, in his official capacity as Secretary of the U.S. Department of Health and Human Services, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 30, 2024.

Attorney(s) appearing for the Case

Stephanie Krent argued the cause for appellants. With her on the briefs were Ashley Ridgway, Katherine A. Fallow, Alexia Ramirez, and Jameel Jaffer.

Sophia Cope and David Greene were on the brief for amici curiae Electronic Frontier Foundation and Foundation for Individual Rights and Expression in support of appellants.

Jennifer L. Utrecht, Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Brian M. Boynton, Principal Deputy Assistant Attorney General, and Daniel Tenny, Attorney.

Before: Henderson, Millett, and Garcia, Circuit Judges.

Appellants are the nonprofit People for the Ethical Treatment of Animals ("PETA") and two animal rights advocates, Madeline Krasno and Ryan Hartkopf, who use social media to advocate against animal testing. They frequently commented on the official Facebook and Instagram pages of appellee National Institutes of Health ("NIH...

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