Greg Moore v. Sean Garnand, 83 F.4th 743 (2023)

Citation: Greg Moore v. Sean Garnand, 83 F.4th 743 (2023)
Parent Document: Greg Moore v. Sean Garnand, 83 F.4th 743 (2023)
Jurisdiction: United States (federal)
Effective Date: 2023-09-29
Original Source: https://www.courtlistener.com/opinion/9429207/greg-moore-v-sean-garnand/ ↗

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Farms v. Elsasser, 32 F.4th 707, 729 (9th Cir. 2022) (“The
right to be free from First Amendment retaliation cannot be
framed as ‘the general right to be free from retaliation for
one’s speech.’ Rather, the right must be defined at a more
specific level tied to the factual and legal context of a given
case.” (internal citation omitted) (quoting Reichle, 566 U.S.
at 665)).
    Substantial authority, although nonbinding, reinforces
our conclusion that a First Amendment right to remain silent
during police questioning was not clearly established at the
time. See, e.g., Newsome v. Bogan, 617 F. Supp. 3d 133, 152
(W.D.N.Y. 2022) (“No case in the Second Circuit has
expressly held . . . that the right to decline to speak protects
an individual’s right to decline to participate in a police
interview . . . .”); Alexander v. City of Round Rock, 854 F.3d
298, 308 (5th Cir. 2017) (“The sparse case law that does
exist . . . indicates no consensus that a defendant has a First
Amendment right not to answer an officer’s questions during
a [Terry] stop . . . .”); Koch v. City of Del City, 660 F.3d
1228, 1244 (10th Cir. 2011) (“[W]e . . . have found no
authority recognizing a First Amendment right to refuse to
answer questions during a Terry stop.”); McFadyen v. Duke
Univ., 786 F. Supp. 2d 887, 949 (M.D.N.C. 2011) (“[T]he
Court rejects Plaintiffs’ legal contention that declining to
speak to police officers during a criminal investigation raises
First Amendment protections.”), aff’d in part, rev’d in part,
dismissed in part on other grounds sub nom. Evans v.

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