i have heard politicians say suppress the first amendment and not let the look -- rabble- rousers' speak. i have heard elected officials say that. even the press and otherwise. you are suggesting that the advocacy of a position could [inaudible] >> absolutely. >> under what theory? >> they are not a decision maker. the board makes the decision as to whether to certify your not. if they are not a decision maker, why are not suing the police officers who spoke against the certification, the experts who called in -- where you draw the line as to whom you cannot sue for expressing a view to the certification. >> two things. the plaintiffs who suffers a constitutional injury can [inaudible] the get each and every public employe who are -- participated in his or her capacity. >> eubank my question. advocating a position. it is not participation if you are not a decision maker. meaning what you are now suggesting is that every public official who speaks against some proposal or another, that that makes them reliable for participation in the decision makers final decision. >> i am understand you

i have heard politicians say, suppressed the first amendment and do not let those rabble- rousers' speak. i have heard elected officials say that in the press and otherwise. you are suggesting that the advocacy of a position can make those three others liable for the decisions of the board? >> yes, your honor. >> under what terry? >> under the theory of this and every other circuit. >> they are not a decision maker. they do not make the decisions. the board makes the decision as to whether to certify or not why are you not suing the police officers that spoken against the certification, the experts that called in? where to draw the line as to whom you can sue for expressing a view a negative view to the certification? >> two things, your honor. a plaintiff who suffers a injury can make claims against each and every public employee who participated in the deprivation in his or her individual capacity. >> advocating a position is not participation if you are not a decision maker. what you are now suggesting is that every public official who speaks against some proposal or another, that tha