Columbia Broadcasting System, Inc. of Cal. v. Federal Communications Commission

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that an 11-month gap in time between the protected speech and denial of a government benefit “is within the range that has been found to support an inference than an employment decision was retaliatory”
• collecting cases from the First, Second, Third, Fifth, Sixth, Seventh and Tenth Circuits, and noting that Graning is in conflict with these circuits
• applying the Mt. Healthy City School 25 District Board of Education v. Doyle, 429 U.S. 274, 287 (1977), framework to a First Amendment 26 retaliation claim
• rejecting the defendants’ attempt to import a Title VII standard in a § 1983 case because “the Title VII [burden- shifting] formula . . . allocates burdens of proof more favorably to defen- dants”
• while rejecting a bright line rule, the Ninth Circuit has, on occasion, recognized that \proximity in time constitutes circumstantial evidence of retaliatory motive\
• “[A]n 12 eleven-month gap in time is within the range that has been found to support an inference that an 13 employment decision was retaliatory.”

Source: CourtListener parenthetical corpus (CC0).