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OSU STUDENT ALLIANCE v. RAY

No. 10-35555.

699 F.3d 1053 (2012)

OSU STUDENT ALLIANCE; William Rogers, Plaintiffs-Appellants, v. Ed RAY; Mark McCambridge; Larry Roper; Vincent Martorello, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 23, 2012.

Attorney(s) appearing for the Case

Heather Gebelin Hacker, David J. Hacker, and Jeffrey Shafer, Alliance Defending Freedom, Scottsdale, AZ, for the plaintiffs-appellants.

Karla H. Ferrall, Assistant Attorney General, State of Orgeon, Salem, OR, for the defendants-appellees.

Steven W. Fitschen, Virginia Beach, VA, for amicus curiae the National Legal Foundation.

James J. Manning, Jr., Reid & Hellyer, Riverside, CA, and Frank D. LoMonte, Arlington, VA, for amicus curiae Student Press Law Center.

Opinion by Judge TASHIMA; Dissent by Judge IKUTA.

OPINION

TASHIMA, Circuit Judge:

The complaint alleges that employees in Oregon State University's Facilities Department gathered up the outdoor newsbins belonging to the Liberty, a conservative student monthly, and threw them in a heap by a dumpster in a storage yard. The employees acted pursuant to an unwritten and previously unenforced policy governing newsbins on campus. They did not notify anyone at the Liberty before confiscating the newsbins...

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