The 9th U.S. Circuit Court of Appeals will convene a rare 11-judge panel to weigh in on whether a man’s rights were abridged when he was arrested at a Santa Cruz, Calif., City Council meeting after giving a Nazi salute.

Robert Norse was removed from the 2002 meeting after he gave the salute. He says he abhors Nazi views but was protesting what he viewed as the mayor’s unfair cutting off of a speaker who was criticizing the council.