Cite as: 595 U. S. ____ (2022) 5 Opinion of the Court spondents allege that the FBI directed a confidential informant to “gather information on Muslims in an indiscriminate manner.” App. 97, First Amended Complaint ¶99. This informant purportedly infiltrated a Muslim community and gathered “hundreds of phone numbers and thousands of email addresses of Muslims”; “hundreds of hours of video recordings” made inside mosques, homes, and other private locations; and “thousands of hours of audio recording of conversations” and of “public discussion groups, classes, and lectures.” Id., at 194, Decl. of Craig Monteilh ¶71. Respondents allege that the surveillance operation ended when the informant, at the FBI’s instruction, began asking members of the community about violent jihad, and some of those individuals reported the informant to the FBI and local police. In 2011, respondents filed this putative class action against the United States, the FBI, and two FBI officials in their official capacities. 4 Respondents claimed that the Government’s unlawful information-gathering operation violated their rights under the Establishment Clause; the Free Exercise Clause; the Fourth Amendment; the equal protection component of the Fifth Amendment’s Due Process Clause; the Religious Freedom Restoration Act, 42 U. S. C. §2000bb et seq.; the Federal Tort Claims Act, 28 U. S. C. §1346; FISA, 50 U. S. C. §1810; the Privacy Act, 5 U. S. C. §552a; and California law. The Government moved to dismiss all those claims and argued, among other things, that the state secrets privilege required dismissal of most of them. To that end, Attorney General Holder filed a declaration asserting a “formal claim of the state secrets privilege in order to protect the national —————— 4 Respondents also sued five named FBI agents and 20 unnamed agents in their individual capacities, but we need not discuss those claims or those parties (who are also respondents in this Court and who filed briefs supporting the Government) in order to resolve the question presented.

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