Khatibi

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

AZADEH KHATIBI, M.D., an No. 24-3108 individual; DO NO HARM, a D.C. No. Virginia nonprofit corporation, 2:23-cv-06195-

MRA-E

Plaintiffs - Appellants, Central District of California, v. Los Angeles RANDY HAWKINS, in his official ORDER capacity as President of the Medical Board of California; LAURIE ROSE LUBIANO, in her official capacity as Vice President of the Medical Board of California; REJI VARGHESE, in his official capacity as Executive Director of the Medical Board of California; MARINA O'CONNOR, in her official capacity as Chief of Licensing, Medical Board of California; RYAN BROOKS, in his official capacity as Secretary of the Medical Board of California,

Defendants - Appellees.

Filed December 29, 2025 Before: A. Wallace Tashima, Jacqueline H. Nguyen, and Salvador Mendoza, Jr., Circuit Judges.

Order; Dissent by JudgeVanDyke; Dissent by Judge Tung

SUMMARY *

First Amendment/Government Speech

The panel denied a petition for panel rehearing and rehearing en banc of the panel’s decision affirming the district court’s dismissal of an action, brought by a…