Hedges v. Obama

Journalists and activists, including Christopher Hedges (plaintiffs), sued President Obama and administration officials (defendants), challenging section 1021(b)(2) of the NDAA, which permits indefinite detention of those who substantially support terrorist organizations. They feared the law could label journalists or activists as covered persons for interviewing or supporting suspected terrorists. The district court permanently enjoined the detention authority; the government appealed.

Whether plaintiffs who fail to establish a sufficient basis to fear detention have Article III standing to challenge the government's NDAA authority to detain those suspected of substantially supporting terrorism.