Is a federal cause of action sufficient to establish a threat of punishment for exercise of First Amendment rights?
MultiRegion, United States of America
The following excerpt is from Steffen v. Rowland, 972 F.2d 1343 (9th Cir. 1992):
The threat of punishment for exercise of First Amendment rights is sufficient to establish a federal cause of action. See Hoptowit v. Ray, 682 F.2d 1237, 1260 (9th Cir.1982). Steffen's complaint thus is not frivolous on that basis, and this ground is sufficient to warrant reversal in part of the district court's dismissal of Steffen's action.
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