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BLUM v. HOLDER

No. 13-1490.

744 F.3d 790 (2014)

Sarahjane BLUM; Ryan Shapiro; Lana Lehr; Lauren Gazzola; Iver Robert Johnson, III, Plaintiffs, Appellants, v. Eric H. HOLDER, Jr., Attorney General, Defendant, Appellee.

United States Court of Appeals, First Circuit.

March 7, 2014.

Attorney(s) appearing for the Case

Rachel Meeropol, with whom Alexis Agathocleous, Center for Constitutional Rights, Alexander A. Reinert, David Milton, and Howard Friedman were on brief, for appellants.

Matthew M. Collette, Attorney, Appellate Staff, Civil Division, with whom Stuart F. Delery, Assistant Attorney General, Carmen M. Ortiz, United States Attorney, and Michael Jay Singer, Attorney, Appellate Staff, Civil Division, were on brief, for appellee.

Odette J. Wilkens, Christine L. Mott, Chair, Committee on Animal Law, Brian J. Kreiswirth, Chair, Committee on Civil Rights, and Kevin L. Barron on brief for The Association of the Bar of the City of New York, amicus curiae in support of appellants.

Matthew R. Segal, Sarah R. Wunsch, David J. Nathanson, and Wood & Nathanson, LLP on brief for American Civil Liberties Union of Massachusetts, American Civil Liberties Union, and National Lawyers Guild, amici curiae in support of appellants.

Before LYNCH, Chief Judge, THOMPSON and KAYATTA, Circuit Judges.

LYNCH, Chief Judge.

Sarahjane Blum and four others are committed and experienced animal right activists. Although they have never been prosecuted or threatened with prosecution under the Animal Enterprise Terrorism Act ("AETA" or "Act"), 18 U.S.C. § 43, which criminalizes "force, violence, and threats involving animal enterprises," they sued to obtain declaratory and injunctive relief that the statute is unconstitutional under the First Amendment.

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