In December 2004, U.S. Customs and Border Protection (CBP) received intelligence that people "associated with terrorist organizations or activities," or with "organizations that provide financial support to terrorists," would attend the Reviving the Islamic Spirit (RIS) conference at the Skydome in Toronto, held December 24–26, 2004. The intelligence warned that the conference "would serve as a possible meeting point for terrorists" to "coordinate operations, and raise funds intended for terrorist activities," and to exchange passports and other identity documents. CBP ordered a special operation: attendees returning to the United States would get the screening normally reserved for suspected terrorists. About 13,000 people attended, and CBP gave detailed inspections to 34 of them.

The Second Circuit ruled for the government on every claim. It held that the searches were "routine" border searches, though "near the outer limits" of what's permissible without suspicion. The court agreed that the screening placed a real burden on the plaintiffs' freedom of association, but held it was justified by the government's compelling interest in keeping terrorists out of the country. Notably, the judges reviewed the classified intelligence themselves and found it confirmed that "CBP had reason to believe that known terrorists, or those with terrorist ties, would be attending the RIS Conference." The court also stressed that the government had no individual suspicion of any of the five plaintiffs.