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
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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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