The Ninth Circuit U.S. Circuit Court of Appeals ruled 3-0 that political activists had a First Amendment right to take photos at ports of entry in areas open to the public. The Border Patrol had been confiscating cell phones and erasing photos and posted signs banning all photography at certain sites. (San Francisco Chronicle, August 14, 2018, by Bob Egelko)
The Ninth Circuit panel said the activists could proceed with their lawsuit against Homeland Security. The judges reversed a federal district judge who found the ban on photography was the least restrictive way to preserve border security. The Ninth Circuit said the Border Patrol failed to provide sufficient detail to justify the ban and deny that the areas were public forums. (Constitutional Law Prof Blog, August 14, 2018, by Ruthann Robson)