In Dahlia v. Rodriguez, 689 F.3d 1094 (9th Cir. 8/7/12) (discussed here) a three-judge panel of the Ninth Circuit held that the First Amendment does not protect a police officer who reports allegedly illegal conduct by fellow officers. On December 11, the Ninth Circuit granted en banc review of that decision. A copy of the Court's order is here. The Ninth Circuit's page for en banc cases (here) states that the case is "To be calendared the week of March 18, 2013, in San Francisco, California."
More information to follow. In the meantime, I have added Dahlia to our Watch List of pending cases.
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