In a Bivens action based on the exclusion of plaintiffs, by volunteers acting under government supervision, from a speech by then-President Bush, dismissal of the complaint based on qualified immunity is affirmed where plaintiffs failed to identify any First Amendment doctrine that prohibited the government from excluding them from an official speech on private property.
Filed January 27, 2010
Opinion by Judge Kelly
Christopher Hansen and Catherine Crump of American Civil Liberties Union, New York, NY
Brett Lilly, Brett R. Lilly, L.L.C.,Wheat Ridge, CO