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TUCKER v. STATE OF CALIFORNIA DEPT. OF EDUC.

No. 94-16267.

97 F.3d 1204 (1996)

Monte D. TUCKER, Plaintiff-Appellant, v. STATE OF CALIFORNIA DEPARTMENT OF EDUCATION; James L. Phillips; Maria R. Balakshin; Terry Proschold, Defendant-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 4, 1996.

Attorney(s) appearing for the Case

Steven R. Burlingham, Gary, Till & Burlingham, Sacramento, CA, for plaintiff-appellant.

Joyce O. Eckerm, California State Department of Education, Sacramento, CA, for defendant-appellees.

Steven R. Burlingham, Gary, Till & Burlingham, The Rutherford Institute, Sacramento, California, for plaintiff-appellant.

Joyce O. Eckerm, California State Department of Education, Sacramento, California, for defendant-appellees.

Before: BOOCHEVER, REINHARDT, Circuit Judges, and KING, District Judge.

REINHARDT, Circuit Judge:

Monte Tucker, the plaintiff-appellant, is a deeply religious man who works as a computer analyst in the California State Department of Education. He contends that orders promulgated by his supervisors that forbid employees in his division from engaging in any oral or written religious advocacy in the workplace and displaying any religious artifacts, tracts or materials outside their offices or cubicles violate his rights to freedom of speech...

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