SAN FRANCISCO (CN) - The 9th Circuit has refused to rehear the First Amendment claims of a former Arizona police officer who was fired for operating a sexually explicit Web site with his wife.
The court previously dismissed a suit filed by Ronald and Megan Dible, who ran a site featuring pictures and videos of Megan in various sexual poses and engaged in sex acts with Ronald, another woman and inanimate objects. The site contained videos of Megan masturbating and offered a CD-ROM for sale that included photos of the couple having sex.
The Dibles claimed they started the site to make money, not to express a message. The police department in Chandler, Ariz., found out about the site in 2002, placed Ronald on administrative leave and fired him after conducting an investigation. In a strongly worded opinion, Judge Fernandez held that Ronald's activities "were simply vulgar and indecent" and "did not contribute speech on a matter of public concern." Judge Canby concurred on the basis that Ronald would have been fired for lying to investigators, but said the First Amendment protects his expression outside of work.
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