The following excerpt is from Harris v. Harris, No. 2:11-cv-2186 GEB KJN PS (E.D. Cal. 2012):
22. "[T]he inquiry into whether a public employee's speech is protected by the First Amendment is no longer purely legal and presents a mixed question of fact and law." Posey v. Lake Pend Oreille Sch. Dist. No. 84, 546 F.3d 1121, 1126 (9th Cir. 2008).
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