What is the test for "clearly established" First Amendment rights?
MultiRegion, United States of America
The following excerpt is from Hearn v. Morris, 526 F. Supp. 267 (E.D. Cal. 1981):
8 The present record is inadequate to decide questions concerning the "clearly established" nature of plaintiff's First Amendment rights, see Procunier v. Navarette, 434 U.S. 555, 565, 98 S.Ct. 855, 861, 55 L.Ed.2d 24 (1978), and the subjective good faith of defendants, Johnson v. Duffy, 588 F.2d 740, 745 (9th Cir. 1978).
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