On January 12, 2004, the Supreme Court issued its National
Security Studies v. Justice Department opinion.
This litigation, brought under the a First Amendment free speech
theory, involved the efforts of 23 news organizations and media
groups, including the Associated Press, to require the government
to release names and details regarding approximately 762 foreigners,
mostly Arab and Muslim men, detained as "special interest" cases
in the weeks and months after September 11, 2001. The Court determined
that the government's national security considerations in keeping
the information secret prevailed over the First amendment free
press considerations.
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