What is the test for alleging a First Amendment violation?

MultiRegion, United States of America

The following excerpt is from Hart v. Tuolumne Fire Dist., CASE NO. CV F 11-1272 LJO DLB, Doc. 15 (E.D. Cal. 2011):

In order to demonstrate a First Amendment violation, a plaintiff must allege that "by his actions [the defendant] deterred or chilled [the plaintiff's] political speech and such deterrence was a substantial or motivating factor in [the defendant's] conduct." Mendocino Environmental Center v. Mendocino

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County, 192 F.3d 1283, 1300 (9th Cir. 1999). Intent to inhibit speech "is an element of the claim." Id. at 1301. The goal is to prevent, or redress, actions by a government official that chill the exercise of protected First Amendment rights. Coszalter v. City of Salem, 320 F.3d 968, 974-75 (9th Cir.2003).

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