SAN FRANCISCO - A California court has reversed a ruling that dismissed a First Amendment case involving the U.S. Customs and Border Protection. The matter, involving the public's right to take photographs at the U.S.-Mexico border, will now be heard in court.
In an Aug. 14 opinion, the panel of U.S. Court of Appeals 9th District judges ruled that the appeal could move forward. A policy enforced by U.S. Customs and Border Protection dealing with media and taking photographs needs further clarification in dealing with the public, according to the opinion.
Attorneys for the Department of Homeland Security and the Customs and Border Patrol argued that, "Proper media request forms were not filed ahead of them taking photos. The government argued that, under these policies, any individual seeking to film or take photographs at ports of entry is required to obtain prior authorization."
Judge Jay S. Bybee writing in part said, "Further factual development is required before the district court can determine what restrictions, if any, the government may impose in these public, outdoors areas... On the merits, we conclude that plaintiffs have stated First Amendment claims upon which relief can be granted. We vacate the judgment and remand for further proceedings."
The case was filed in 2012 when two U.S. citizens, Ray Askins and Christian Ramirez, filed a lawsuit against the Department of Homeland Security, Customs and Border Protection and 50 unnamed officers, according to the complaint. The pair alleged that on separate occasions, Customs and Border Protection agents deleted and destroyed images that they took while on U.S. soil.
The plaintiffs argued that "CBP’s policies and practices violated their First and Fourth Amendment rights and sought declaratory and injunctive relief, damages, and costs and attorneys’ fees."
Both Askins and Ramirez are advocates on border policy issues, according to the lawsuit.
Attorneys for the Department of Homeland Security and Customs and Border Protection argued that, "Proper media request forms were not filed ahead of them taking photos. The government argued that, under these policies, any individual seeking to film or take photographs at ports of entry is required to obtain prior authorization."
After losing the case in a lower court where it was ruled that the pair's First Amendment rights were not violated, an appeal was filed.
In a 2015 appeal, attorneys for Askins and Ramirez challenged Customs and Border Protection "policies as unreasonable as applied to them. The policies, which we refer to as the 'Directive' and the 'Ground Rules,' require members of the media to obtain advance permission to document events at ports of entry."