In Norse v. City of Santa Cruz, published today, a split 9th Circuit panel ruled that a city council did not violate the rights of a person attending the meeting by ejecting the attendee (and then arresting him when he resisted) for giving a nazi salute in support of a speaker who refused to yield the podium. Two judges concluded that the gesture was an attempt to disrupt the council's enforcement of a valid procedural rule, rather than expression of a viewpoint; and so was not protected by the First Amendment. The concurring/dissenting judge opined that the gesture was an expression of a viewpoint, and so was protected.
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