The following excerpt is from Moss v. U.S. Secret Serv., D.C. No. 1:06-cv-03045-CL, No. 10-36152, No. 10-36172 (9th Cir. 2012):
More fundamentally, the protestors' claim is not simply that they were moved, but that they were relocated because they criticized the President. The protestors allege that if the agents asserted a security rationale for moving the protestors, that rationale was false. That is, they allege that the agents' action was both facially discriminatory and driven by an improper motive. We must "accept all factual allegations in the complaint as true and construe the pleadings in the light most favorable to the nonmoving party." Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir. 2005). Therefore, taking the protestors' allegation of discriminatory motive as true, it is clear that no reasonable agent would think that it was permissible under the First Amendment to direct the police to move protestors farther from the President because of the critical viewpoint they sought to express.
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