In Clapper vs. Amnesty International, a group including journalists, human right activists, and labor leaders challenged the 2008 amendments made to the Foreign Intelligence Surveillance Act. The amendments included broadening the surveillance powers of the federal government with respect to communications outside the U.S.

Plaintiffs claimed that their work required open communication with persons around the globe and that they had incurred costs to prevent this government surveillance. A 5-4 decision was issued by the Supreme Court, where the majority (Alito, J.) found that the plaintiffs had no Article III standing to sue.

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