Legal Opinion

Monte D. Tucker v. State of California Department of Education James L. Phillips Maria R. Balakshin Terry Proschold

Court of Appeals for the Ninth Circuit

Decided October 4, 1996No. 94-16267PublishedCited by 92 opinions

1Opinion of the Court

REINHARDT, Circuit Judge:

Monte Tucker, the plaintiff-appellant, is a deeply religious man who works as a computer analyst in the California State Department of Education. He contends that orders promulgated by his supervisors that forbid employees in his division from engaging in any oral or written religious advocacy in the workplace and displaying any religious artifacts, tracts or materials outside their offices or cubicles violate his rights to freedom of speech guaranteed by the First Amendment. Although the government may have legitimate interests in preventing a number of the…

2Cases cited32 opinions

  1. Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
  2. Broadrick v. OklahomaSupreme Court of the United States · 1973
  3. National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
  4. Perry Education Ass'n v. Perry Local Educators' Ass'nSupreme Court of the United States · 1983
  5. Cornelius v. NAACP Legal Defense & Educational Fund, Inc.Supreme Court of the United States · 1985

27 more not listed; retrieve them via the Exa API.

3Cited by92 opinions

  1. Gilbrook v. City of WestminsterCourt of Appeals for the Ninth Circuit · 1999
  2. Richard D. Peterson v. Hewlett-Packard Co., a CorporationCourt of Appeals for the Ninth Circuit · 2004
  3. Sammartano v. First Judicial District Court, in and for the County of Carson CityCourt of Appeals for the First Circuit · 2002
  4. John ROE, Plaintiff-Appellant, v. CITY AND COUNTY OF SAN FRANCISCO; Donna Lee; Arlo Smith, Defendants-AppelleesCourt of Appeals for the Ninth Circuit · 1997
  5. Daniel M. Berry v. Department of Social Services, Tehama County Bill Snelson, DirectorCourt of Appeals for the Ninth Circuit · 2006

87 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API