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OSU STUDENT ALLIANCE v. RAY

No. 10-35555.

699 F.3d 1053 (2012)

OSU STUDENT ALLIANCE; William Rogers, Plaintiffs-Appellants, v. Ed RAY; Mark McCambridge; Larry Roper; Vincent Martorello, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 23, 2012.

Attorney(s) appearing for the Case

Heather Gebelin Hacker , David J. Hacker , and Jeffrey Shafer , Alliance Defending Freedom, Scottsdale, AZ, for the plaintiffs-appellants.

Karla H. Ferrall , Assistant Attorney General, State of Orgeon, Salem, OR, for the defendants-appellees.

Steven W. Fitschen , Virginia Beach, VA, for amicus curiae the National Legal Foundation.

James J. Manning, Jr. , Reid & Hellyer, Riverside, CA, and Frank D. LoMonte , Arlington, VA, for amicus curiae Student Press Law Center.

Opinion by Judge TASHIMA; Dissent by Judge IKUTA.

OPINION

TASHIMA, Circuit Judge:

The complaint alleges that employees in Oregon State University's Facilities Department gathered up the outdoor newsbins belonging to the Liberty, a conservative student monthly, and threw them in a heap by a dumpster in a storage yard. The employees acted pursuant to an unwritten and previously unenforced policy governing newsbins on campus. They did not notify anyone at the Liberty before confiscating the newsbins...

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