Believing this closure to be a violation to First Amendment rights to speech and press, The Detroit News, Detroit Free Press, Metro Times, Haddad, and Michigan Representative John Conyers filed a suit against John Ashcroft, Michael Creppy, and Immigration Judge Elizabeth Hacker (the Government) claiming that the Creppy Directive was unconstitutional.
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The plaintiffs, Detroit Free Press, Detroit News, Michigan Representative John Conyers, and Rabih Haddad argued that it was a violation of the First Amendment for the defendants, Attorney General Ashcroft, Chief Immigration Judge Creppy, and Immigration Judge Elizabeth Hacker, to apply a blanket ruling of the Creppy Directive in order to keep immigration hearings closed to the press and the public.
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The Center for Constitutional Rights brought the suit Arar v. Ashcroft against former Attorney General John Ashcroft, FBI Director Robert Mueller, and then-Secretary of Homeland Security Tom Ridge, as well as numerous U.S. immigration officials.
Therefore he became the lead plaintiff in Eldred v. Ashcroft, a lawsuit which challenged the constitutionality of this act but lost in 2003.