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FILE - In this May 27, 2015, file photo, two protesters carry a large banner as they walk toward a U.S. Border Patrol checkpoint on a two-lane road in Amado, Ariz., about 20 miles north of the Mexican border. The U.S. Circuit of Appeals for the Ninth Circuit says it lacked the information necessary to decide if a U.S. Border Patrol enforcement zone around a highway checkpoint in southern Arizona was a nonpublic forum as argued by the District Court in Arizona in a case that arose from roadside protests. (AP Photo/Astrid Galvan, File)

FILE - In this May 27, 2015, file photo, two protesters carry a large banner as they walk toward a U.S. Border Patrol checkpoint on a two-lane road in Amado, Ariz., about 20 miles north of the Mexican border. The U.S. Circuit of Appeals for the Ninth Circuit says it lacked the information necessary to decide if a U.S. Border Patrol enforcement zone around a highway checkpoint in southern Arizona was a nonpublic forum as argued by the District Court in Arizona in a case that arose from roadside protests. (AP Photo/Astrid Galvan, File)

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