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ROSEBROCK v. MATHIS

No. 11-56256.

745 F.3d 963 (2014)

Robert ROSEBROCK, Plaintiff-Appellant, v. Ronald MATHIS, Chief of Police of The Veterans Administration Greater Los Angeles Healthcare System, in his official capacity; Donna Beiter, Director of The Veterans Administration Greater Los Angeles Healthcare System, in her official capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 14, 2014.

Attorney(s) appearing for the Case

Peter J. Eliasberg (argued), Hector O. Villagra and Jessica G. Price , ACLU Foundation of Southern California, Los Angeles, CA, for Plaintiff-Appellant.

Indira J. Cameron-Banks (argued), Assistant United States Attorney, United States Department of Justice, Los Angeles, CA; André Birotte Jr. , United States Attorney, and Leon W. Weidman , Assistant United States Attorney (Chief of the Civil Division), United States Department of Justice, Los Angeles, CA, for Defendants-Appellants.

Opinion by Judge Bybee; Dissent by Judge Rawlinson.

OPINION

BYBEE, Circuit Judge:

Since 1973, a regulation promulgated by the Department of Veterans Affairs (VA), 38 C.F.R. § 1.218, has prohibited the posting of materials on VA property except when authorized by the head of the VA facility in question or a designee of that individual, or when the posting of materials is part of authorized Government activities. See 38 C.F.R. § 1.218(a)(9);...

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