(1) Whether the judge-made “clearly established law” qualified immunity standard, which lacks textual, historical, and logical support, and which does not advance its purported policy objectives, should be abolished or limited; and (2) whether respondents are entitled to qualified immunity on Felkner’s First Amendment claims when they had ample time to reflect and seek legal counsel prior to engaging in a sustained course of conduct that abridged Petitioner’s clearly established First Amendment right to freedom of speech?
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