National Public Radio v. United States Central Command

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUN 20 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

NATIONAL PUBLIC RADIO; GRAHAM No. 23-55062

SMITH,

D.C. No. Plaintiffs-Appellants, 3:21-cv-01079-MMA-AHG

v.

MEMORANDUM*

UNITED STATES CENTRAL

COMMAND; UNITED STATES

DEPARTMENT OF DEFENSE,

Defendants-Appellees.

Appeal from the United States District Court for the Southern District of California Michael M. Anello, District Judge, Presiding

Argued and Submitted February 13, 2024 Pasadena, California

Before: CALLAHAN and IKUTA, Circuit Judges, and LASNIK,** District Judge. Partial dissent by Judge IKUTA.

National Public Radio and Graham Smith (collectively referred to here as

“NPR”) appeal the district court’s final judgment in favor of the United States

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Robert S. Lasnik, United States District Judge for the Western District of Washington, sitting by designation.

-- Central Command and the United States Department of…