What is the test to establish that a government action has infringed an individual's right to petition the government?

MultiRegion, United States of America

The following excerpt is from O'Keefe v. Van Boening, 1996 WL 207831, 82 F.3d 322 (9th Cir. 1996):

In order to establish that government action has infringed on the constitutional right to petition the government, an individual need not show that the government has directly interfered with the exercise of this right. Laird v. Tatum, 408 U.S. 1, 11, 92 S.Ct. 2318, 2324-25, 33 L.Ed.2d 154 (1972). Unconstitutional restrictions may arise from the deterrent, or "chilling," effect of governmental action. Id. To have such an effect, the government action must be regulatory, proscriptive, or compulsory in nature, and the complainant must be either presently or prospectively subject to the regulations, proscriptions, or compulsions that he or she is challenging. Id. Further, an unconstitutional chill will only exist if the government action has injured the individual or places the individual in immediate danger of sustaining a direct injury. Id. at 13, 92 S.Ct. at 2325-26.

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