A federal appeals court on Tuesday reinstated a lawsuit challenging the New York Police Department's surveillance of Muslim groups in New Jersey after the Sept. 11 terrorist attacks, saying any resulting harm came from the city's tactics, not the media's reporting of them.
The 3rd U.S. Circuit Court of Appeals, reversing a judge's decision last year to dismiss the case, found the Muslim plaintiffs raised sufficient allegations of religious-freedom and equal-protection violations and put the case on track for trial. The court compared the spying to other instances of heightened scrutiny of religious and ethnic groups, including Japanese-Americans during World War II.
In dismissing the lawsuit, U.S. District Judge William Martini had concluded the police could not keep watch "on Muslim terrorist activities without monitoring the Muslim community itself" and concurred with the city in blaming reporting by The Associated Press, which exposed the surveillance program, for any harm. ...