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William Foote v. Town of Bedford et al

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Before

Boudin, Circuit Judge, Souter,*fn1 Associate Justice, and Selya, Circuit Judge.

A town council refused to reappoint the plaintiff to an unpaid advisory commission after he publicly criticized certain of the council’s policies. The plaintiff sued, but the district court jettisoned his case at the summary judgment stage. Foote v. Town of Bedford, No. 1:09-cv-171, 2010 WL 3238315 (D.N.H. Aug. 13, 2010). The plaintiff’s appeal presents a nuanced First Amendment question about the relationship between policymakers and policy-related speech in the public sector. After careful consideration, we conclude that the refused reappointment, though premised on a lawful exercise of the plaintiff’s right to free speech, did not transgress the First Amendment. Consequently, we affirm the judgment below.

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