The following excerpt is from Kotarski v. Cooper, 799 F.2d 1342 (9th Cir. 1986):
Id. at 597, 92 S.Ct. at 2697; see Mt. Healthy City School District Board of Education v. Doyle, 429 U.S. 274, 283-84, 97 S.Ct. 568, 574, 50 L.Ed.2d 471 (1977). Probationary status, therefore, cannot be the foundation for a total negation of the first amendment rights of the employee.
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