context: Mocek argues that forum analysis and time, place; and man ner analysis do not apply in determining whether his conduct was "protected speech" for purposes of a retaliation claim, such that any government conduct intended to stop activity that is sometimes protected by the First Amendment is unconstitutional retaliation. But most other circuits have applied forum and time, place, and manner analyses to retaliation claims.
citation_a.signal: see
citation_a.identifier: 753 F.3d 7, 7-8
citation_a.parenthetical: holding, for purposes of a retaliation claim, "[Reasonable restrictions on the exercise of the right to film may be imposed when the circumstances justify them," including "[t]he circumstances of some traffic stops"
citation_a.sentence: See Gericke, 753 F.3d at 7-8 (holding, for purposes of a retaliation claim, “[Reasonable restrictions on the exercise of the right to film may be imposed when the circumstances justify them,” including “[t]he circumstances of some traffic stops”); Dean v. Byerley, 354 F.3d 540, 552 (6th Cir.2004) (holding, for purposes of a retaliation claim, “[b]ecause Michigan has not passed an applicable time, place, or manner restriction, Dean had a constitutionally protected right to engage in peaceful targeted picketing in front of Byerley’s residence” (emphasis added)); Abrams v. Walker, 307 F.3d 650, 654 (7th Cir.2002) (rejecting argument that sometimes-protected speech can always support a retaliation claim), abrogated on other grounds by Spiegla v. Hull, 371 F.3d 928 (7th Cir.2004); Blomquist v. Town of Marana, 501 Fed.Appx. 657, 659 (9th Cir.2012) (holding plaintiffs could not maintain a retaliation claim where they “lacked a First Amendment right to picket or otherwise occupy” a nonpublic forum); Olasz v. Welsh, 301 Fed.Appx. 142, 146 (3d Cir.2008) (holding, for purposes of a retaliation claim, “restricting ... disruptive behavior constitutes the type of time, place, and manner regulation that survives even the most stringent scrutiny for a public forum”); cf. Carreon v. Ill. Dep’t of Human Servs., 395 F.3d 786, 796-97 (7th Cir.2005) (rejecting, in an employment-termination context, a retaliation claim premised on freedom of association where restrictions on association were reasonable in a nonpublic forum).
citation_b.signal: cf.
citation_b.identifier: 395 F.3d 786, 796-97
citation_b.parenthetical: rejecting, in an employment-termination context, a retaliation claim premised on freedom of association where restrictions on association were reasonable in a nonpublic forum
citation_b.sentence: See Gericke, 753 F.3d at 7-8 (holding, for purposes of a retaliation claim, “[Reasonable restrictions on the exercise of the right to film may be imposed when the circumstances justify them,” including “[t]he circumstances of some traffic stops”); Dean v. Byerley, 354 F.3d 540, 552 (6th Cir.2004) (holding, for purposes of a retaliation claim, “[b]ecause Michigan has not passed an applicable time, place, or manner restriction, Dean had a constitutionally protected right to engage in peaceful targeted picketing in front of Byerley’s residence” (emphasis added)); Abrams v. Walker, 307 F.3d 650, 654 (7th Cir.2002) (rejecting argument that sometimes-protected speech can always support a retaliation claim), abrogated on other grounds by Spiegla v. Hull, 371 F.3d 928 (7th Cir.2004); Blomquist v. Town of Marana, 501 Fed.Appx. 657, 659 (9th Cir.2012) (holding plaintiffs could not maintain a retaliation claim where they “lacked a First Amendment right to picket or otherwise occupy” a nonpublic forum); Olasz v. Welsh, 301 Fed.Appx. 142, 146 (3d Cir.2008) (holding, for purposes of a retaliation claim, “restricting ... disruptive behavior constitutes the type of time, place, and manner regulation that survives even the most stringent scrutiny for a public forum”); cf. Carreon v. Ill. Dep’t of Human Servs., 395 F.3d 786, 796-97 (7th Cir.2005) (rejecting, in an employment-termination context, a retaliation claim premised on freedom of association where restrictions on association were reasonable in a nonpublic forum).