(Ninth Circuit Court of Appeals issues an opinon)….It deals with the Askins et al versus Department of Homeland Security.

The lawsuit was filed by the ACLU of San Diego and Imperial Counties on behalf of Ray Askins and Christian Ramirez. The litigation was filed in 2012. The case involves the public's First Amendment Rights to photograph and record matters and events exposed to the public view from outdoor and exterior areas at or near ports of entry. Askins and Ramirez both attempted to photograph Customs and Border Protection activities near ports of entry in Southern California. The CBP argued that it could unilaterally designate any area a port of entry and thereafter prevent members of the public from photographing or otherwise recording. The District court agreed, holding that a generalized interest in Border Security sufficed to override the First Amendment. The 9th Circuit reversed and vacated the District court ruling and remanded the case for discovery. Circuit Court Judge Jay Bybee issued an opinion that the government bears the burden of proving that restrictions on First Amendment protected activities comply with constitutional requirements, and that it cannot do so through general assertions of national security. The case is still in its early stages.