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Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Janet
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Napolitano is automatically substituted for former Secretary of theDepartment of Homeland Security, Michael Chertoff, and Hillary Rodham Clinton, for former Secretary of State, Condoleeza Rice, as Appelleesin this case.
08-0826-cv  American Academy v. Napolitano
UNITED STATES COURT OF APPEALSFOR THE SECOND CIRCUIT August Term 2008Heard: March 24, 2009 Decided: July 17, 2009Docket No. 08-0826-cv- - - - - - - - - - - - - - - - - - - - - - - AMERICAN ACADEMY OF RELIGION, AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS, PEN AMERICAN CENTER, and TARIQ RAMADAN,Plaintiffs-Appellants,v.JANET NAPOLITANO, in her official capacityas Secretary of the Department of HomelandSecurity, and HILLARY RODHAM CLINTON, inher official capacity as Secretary of State,
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Defendants-Appellees.- - - - - - - - - - - - - - - - - - - - - - -Before: FEINBERG, NEWMAN, and RAGGI, Circuit Judges. Appeal from the December 20, 2007, judgment of the United StatesDistrict Court for the Southern District of New York (Paul A. Crotty,District Judge), granting summary judgment to Defendants-Appellees onPlaintiffs-Appellants’ claim that the denial of a visa for TariqRamadan, an Islamic scholar, violated the First Amendment rights of
 
-2-the Plaintiffs-Appellants. The visa was denied on the ground thatRamadan’s contributions to a charity that had supplied funds to Hamas were “material support” to a terrorist organization (the charity).The Court of Appeals concludes that the District Court hadjurisdiction to consider the claim, despite the doctrine of consularnonreviewability; the statutory provision expanding visa ineligibilityto those who contributed funds to an undesignated terroristorganization before the provision was enacted was validly applied toRamadan; the knowledge requirement of the statute required theconsular officer to find that Ramadan knew his contributions provided material support; the consular officer was required to confrontRamadan with the allegation against him and afford him the subsequentopportunity to demonstrate by clear and convincing evidence that hedid not know, and reasonably should not have known, that the recipientof his contributions was a terrorist organization; and the record wasunclear whether the consular officer had done so.Vacated and remanded.Jameel Jaffer, New York, N.Y. (MelissaGoodman, Nasrina Bargzie, Judy Rabino-vitz, Lucas Guttentag, American CivilLiberties Union Foundation, New York,N.Y.; Arthur N. Eisenberg, New YorkCivil Liberties Union Foundation, NewYork, N.Y.; Claudia Slovinsky, New York,N.Y.; Leon Friedman, New York, N.Y., onthe brief), for Plaintiffs-Appellants.Davis S. Jones, Asst. U.S. Atty., New
 
-3-York, N.Y. (Michael J. Garcia, U.S. Atty., Kristin L. Vassallo, Sarah S.Normand, Asst. U.S. Attys., New York,N.Y., on the brief), for Defendants- Appellees.(Charles S. Sims, Proskauer Rose LLP, NewYork, N.Y., for amici curiae American Ass’n for the Advancement of SlavicStudies, American Booksellers Foundationfor Free Expression, American Studies Ass’n, Ass’n of American Law Schools, Ass’n of American Publishers, Ass’n of American University Presses, College Art Ass’n., Latin American Studies Ass’n,Middle East Studies Ass’n, Nat’lCoalition Against Censorship, in supportof Plaintiffs-Appellants.)JON O. NEWMAN, Circuit Judge.This appeal concerns a First Amendment challenge to the denial ofa visa. Three organizations, Plaintiffs-Appellants the American Academy of Religion (“AAR”), the American Association of UniversityProfessors (“AAUP”), and PEN American Center, appeal from the December20, 2007, decision of the District Court for the Southern District ofNew York (Paul A. Crotty, District Judge), granting summary judgmentto then-Defendants-Appellees Michael Chertoff, former Secretary of theDepartment of Homeland Security (“DHS”), and Condoleeza Rice, formerSecretary of State, sued in their official capacities. Theorganizations alleged that the denial of a visa to Tariq Ramadan, anIslamic scholar, violated their First Amendment right to have Ramadanshare his views with the organizations and with the public in this
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