BLAIR v. BETHEL SCHOOL DIST.

No. 08-35895.

608 F.3d 540 (2010)

Ken BLAIR, Plaintiff-Appellant, v. BETHEL SCHOOL DISTRICT, a municipal corporation; Tom Seigel, superintendent of Bethel School District and in his individual capacity and his marital community; Jane Doe Seigel; Brenda Rogers, president of the Bethel School District school board and in her individual capacity and her marital community; John Doe Rogers; Susan Smith, vice president of the Bethel School District school board in her individual capacity and her marital community; John Doe Smith; John Manning, board member of the Bethel School District school board in his individual capacity and his marital community; Jane Doe Manning, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 14, 2010.


Attorney(s) appearing for the Case

Paul A. Lindenmuth, Law Offices of Ben F. Barcus & Associates, PLLC, Tacoma, WA, for the plaintiff-appellant.

William A. Coats and Daniel C. Montopoli, Vandeberg Johnson & Gandara, Tacoma, WA, for the defendants-appellees.

Before: JOHNNIE B. RAWLINSON and CONSUELO M. CALLAHAN, Circuit Judges, and LARRY A. BURNS, District Judge.


BURNS, District Judge:

Ken Blair maintains his First Amendment rights were violated when his fellow school board members voted to remove him as their vice president because of his relentless criticism of the school district's superintendent. The district court disagreed, and so do we. To be sure, the First Amendment protects Blair's discordant speech as a general matter; it does not, however, immunize him from the political fallout of what he says.

I

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