What is the test for freedom of speech by a public official in a civil proceeding?

MultiRegion, United States of America

The following excerpt is from Ballou v. McElvain, 20-35416 (9th Cir. 2021):

Id. at 926-27. This rule applies to both administrative and judicial proceedings seeking to "bring to light potential or actual discrimination" by government officials, id. at 925 (citing Lytle v. Wondrash, 182 F.3d 1083, 1087-88 (9th Cir. 1999)); see Rendish, 123 F.3d at 1223-24, and controls even when the plaintiff seeks only private relief for the vindication of her own rights, see Rendish, 123 F.3d at 1224.[2] This precedent clearly establishes that speech by public employees about unlawful discrimination in the workplace is inherently speech on a matter of public concern.[3]

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