The following excerpt is from Shoemaker v. Taylor, D.C. No. 2:07-cv-05849-MMM-RZ, No. 11-56476 (9th Cir. 2013):
We review a district court's denial of a petition for writ of habeas corpus de novo. Lopez v. Thompson, 202 F.3d 1110, 1116 (9th Cir. 2000) (en banc).
In the case of a habeas petition implicating the First Amendment, we first "must, as a reviewing court, conduct our own independent review of the record. In so doing, we must exercise independent judgment as to the legal issue of whether [the habeas petitioner]'s speech and association were protected." McCoy v. Stewart, 282 F.3d 626, 629 (9th Cir. 2002) (conducting an independent review prior to conducting a habeas analysis in a habeas claim implicating the First Amendment).
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