In dismissing the case, however, the court rejected the government's contention that American citizens have few if any First Amendment rights at the border. Rather, the court expressly held that border actions targeting First Amendment activity are subject to strict scrutiny, which means the government will have to go to great lengths to justify future border operations that implicate the First Amendment.

"It's deeply disappointing that the court refused to vindicate the rights of innocent Americans treated as terrorists simply because they attended a religious conference," said Donna Lieberman, executive director of the New York Civil Liberties Union. "Nonetheless, there is a silver-lining in the court's rejection of the government's claim of unfettered discretion at the border to interfere with the lawful expressive and religious activities of U.S. citizens."