First Amendment Case Brought by Immigration Checkpoint Protesters/Monitors Can Go Forward

Yesterday, the Ninth Circuit handed down Jacobson v. U.S. Dep’t of Homeland Security; my students Alexandra Gianelli, Emily Michael, and Tracy Yao filed an amicus brief in the case on behalf of the Cato Institute, and I’m pleased to say that the Ninth Circuit’s decision was largely consistent with what we asked for. First, the facts:

Leesa Jacobson and Peter Ragan — as part of a group called People Helping People — want to protest near a near-border immigration checkpoint, and to monitor what happens at the checkpoint (including by videorecording it). But the Border Patrol has set up an enforcement zone around the checkpoint — including some neighboring sidewalks — that would require them to move 150 feet or more away. Jacobson and Ragan sued, claiming that the enforcement zone improperly intruded into a traditional public forum, and was enforced in a viewpoint-based way:
Several incidents led Appellants to believe that

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