United States Ninth Circuit

In an appeal from a judgment of the district court granting defendant summary adjudication in a challenge to an agency order freezing certain assets of the defendant and redesignating it a terrorist organization, judgment is: 1) affirmed where the district court correctly held that substantial evidence supports the redesignation of plaintiff under the Administrative Procedure Act and rejected the defendant due process claims; but 2) reversed where i) the court incorrectly rejected plaintiffs' Fourth and First Amendments claims because the defendant violated co-plaintiff's Fourth Amendment rights when it froze its assets without obtaining a warrant, and ii) co-plaintiff has a First Amendment right to engage in subject, coordinated public advocacy.

Appellate Information

• Decided 09/23/2011
• Published 09/23/2011

Judges

• GRABER

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David D. Cole, Douglas N. Letter