Brandborg

*619 MEMORANDUM *

Appellees, Stewart Brandborg, Larry Campbell, James Miller, and the organization Friends of the Bitterroot, filed suit against Appellant, David Bull, the United States Forest Service’s Forest Supervisor for the Bitterroot National Forest under Bivens v. Six Unknown Named Agents, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971). Inter alia, Appellees alleged that Bull, acting in his individual capacity, violated them rights under the First Amendment by excluding them from a Forest Service press conference based on them disagreement with the wildfire prevention plan being announced at the event.

Bull appeals the district court’s denial of his motion to dismiss Appellees’ complaint under Fed.R.Civ.P. 12(b)(6) for failure to state a claim against him in his individual capacity. Appellees allege that Bull violated the First Amendment by refusing to allow them to attend, and to speak at, the press conference. Bull contends that he was free to prevent Appellees from speaking at the press conference, even based on their viewpoint, because the conference constituted government speech. Bull further contends that Appellees were not prevented from attending the press…