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WOLFE v. BARNHART

No. 04-5194.

446 F.3d 1096 (2006)

Jeffrey Scott WOLFE, Plaintiff-Appellant, v. Jo Anne B. BARNHART, Commissioner, Social Security Administration; Amy Comstock, Director, Office of Government Ethics, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 3, 2006.

Attorney(s) appearing for the Case

Jeffrey Scott Wolfe, appearing Pro Se, Broken Arrow, OK, for Plaintiff-Appellant.

Mark B. Stern, Attorney, United States Department of Justice, Washington, D.C. (Peter D. Keisler, Assistant Attorney General, Washington, D.C.; David E. O'Meilia, United States Attorney, Tulsa, OK; Alisa B. Klein, Attorney, United States Department of Justice, Washington, D.C., also on the briefs) for Defendants-Appellees.

Before MURPHY, ANDERSON, and O'BRIEN, Circuit Judges.

ANDERSON, Circuit Judge.

Jeffrey Wolfe, an Administrative Law Judge ("ALJ") within the Social Security Administration ("SSA"), was denied permission to collect royalties from the publisher of a textbook he wrote on Social Security disability law. He asked the district court to overturn the agency's decision and to enter a declaratory judgment that the governing regulation, 5 C.F.R. § 2635.807(a), restricted employee speech in violation of the First Amendment...

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