Justices look for narrow ruling in mosque sting operation A failed FBI spying operation set the stage for a balancing test of First Amendment rights and the state secrets privilege.

(Courthouse News) During two hours of oral argument, the justices of the Supreme Court grappled Monday morning with how to avoid creating a broad new precedent on state secrets as it rules in a decade-old class action over the FBI spying on Muslim communities.

The case concerns the counterterrorism investigation “Operation Flex,” wherein Craig Monteilh adopted the name Farouk al-Aziz as a purported declaration of faith to obtain information for the FBI on Southern California-area Muslims. Monteilh attended mosques and even targeted certain people at a gym, but the investigation began to unravel when Monteilh laid his bait. In 2007 the leader of a mosque in Irvine called the police about Monteilh’s statements urging acts of violence. The mosque soon obtained a restraining order against Monteilh, and his identity as an informant was fully exposed during a 2009 naturalization fraud case against another member of the mosque who reported Monteilh’s statements to the police.

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