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O'BRIEN v. WELTY

No. 13-16279.

818 F.3d 920 (2016)

Neil O'BRIEN, an individual, Plaintiff-Appellant, v. John WELTY, Dr.; Paul M. Oliaro, Dr.; Carolyn V. Coon, Dr.; Victor M. Torres, Dr.; Maria A. Lopes, Dr.; Luz Gonzalez, Dr.; Matthew Jendian, Dr., each in their personal capacities; Does, 1 through 25, inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 7, 2016.

Attorney(s) appearing for the Case

Brian C. Leighton (argued), Law Offices of Brian C. Leighton, Clovis, CA, for Plaintiff-Appellant.

Molly S. Murphy (argued), Deputy Attorney General; Kamala D. Harris , Attorney General of California; Kristin G. Hogue , Senior Assistant Attorney General; Joel A. Davis , Supervising Deputy Attorney General, Los Angeles, CA, for Defendants-Appellees.

Eugene Volokh (argued), UCLA School of Law, Los Angeles, CA, for Amici Curiae Student Press Law Center and the Foundation for Individual Rights in Education, Inc.

David J. Hacker and Heather Gebelin Hacker , Alliance Defending Freedom, Folsom, CA; Kevin J. Theriot , Alliance Defending Freedom, Leawood, KS; Kevin T. Snider , Pacific Justice Institute, Sacramento, CA, for Amici Curiae Trent Downes, Alliance Defending Freedom, and Pacific Justice Institute.

Before: WILLIAM A. FLETCHER, MARSHA S. BERZON, and CARLOS T. BEA, Circuit Judges.

OPINION

At all times relevant to this suit, Neil O'Brien was a student at California State University Fresno ("Fresno State"), where he was an outspoken political conservative and critic of the university. In May 2011, O'Brien confronted and videotaped two professors in their offices, questioning them about...

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